By Jeff Overly, Law360 (June 30, 2023, 1:02 PM EDT)
The U.S. Supreme Court has instructed the Fourth and Eleventh circuits to re-examine whistleblower cases against divisions of Allergan and Abbott Laboratories. This action compels a review based on the court’s recent ruling in *United States ex rel. Schutte v. SuperValu*. The *SuperValu* decision clarified that the False Claims Act’s standard for knowledge of wrongdoing encompasses a defendant’s “subjective beliefs,” even if their actions could be considered “objectively reasonable.” The original lawsuits, filed by whistleblowers Deborah Sheldon and Troy Olhausen, involve allegations of fraudulent Medicaid billing and other regulatory violations.
