Legal Alerts/Details

Supreme Court Sides With Government (and Whistleblowers) in Preserving Relevance of Subjective Intent in FCA Cases

June 01, 2023
  1. See Brett W. Johnson and Claudia E. Stedman, Supreme Court's upcoming decision in SuperValu and Safeway: a game changer for False Claims Act enforcement, REUTERS, (April 12, 2023),; see also Brett W. Johnson and Claudia E. Stedman, Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases, SNELL & WILMER LEGAL ALERT, (April 19, 2023),

  2. The relevant phrase at issue in SuperValu and Safeway was “usual and customary” with respect to a pharmacy’s obligation to bill Medicare and Medicaid for “usual and customary” drug prices. The Court explained that even though the phrase “usual and customary” may have been ambiguous in these two 7th Circuit cases, such “facial ambiguity alone is not sufficient to preclude a finding that respondents knew their claims were false.”

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