Michael J. Podberesky

Jul 24, 2023 | lexblog.com | Edwin Childs |Michael J. Podberesky |Jonathan Ellis |Gretchen Heinze Townshend

The U.S. Supreme Court recently resolved a circuit split by holding that, in a False Claims Act action, (1) the government may seek dismissal of a qui tam case in which the government initially declined to intervene over the relator’s objection so long as it later intervened in the litigation, and (2) district courts should apply Federal Rule of Civil Procedure 41(a), which says the government has broad latitude to seek dismissal.

Jun 26, 2023 | mondaq.com | Michael J. Podberesky |Edwin Childs |Michael Francisco |Gretchen Heinze Townshend

On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as "relators") in consolidated False Claims Act ("FCA") cases in a decision that clarified the application of the FCA's knowledge requirement. In United States ex rel. Schutte v.

Jun 9, 2023 | lexblog.com | Timothy J. Whittle |Michael J. Podberesky |Edwin Childs |Michael Francisco

On June 1, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs in consolidated False Claims Act cases in a decision that clarified the application of the FCA’s knowledge requirement. In United States ex rel. Schutte v.

Jun 9, 2023 | lexblog.com | Timothy J. Whittle |Michael J. Podberesky |Edwin Childs |Michael Francisco

On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as “relators”) in consolidated False Claims Act (“FCA”) cases in a decision that clarified the application of the FCA’s knowledge requirement. In United States ex rel. Schutte v.

Feb 17, 2023 | lexblog.com | Michael J. Podberesky |Michael Francisco |Kate Waters Hardey |Brett Barnett

On Jan. 13, the U.S. Supreme Court granted a writ of certiorari to petitioners in two False Claims Act cases to determine whether the law’s knowledge requirement reaches defendants who can offer an “objectively reasonable” interpretation of an ambiguous legal or contractual requirement material to government payment.