Case Updates
On remand from the Supreme Court in light of U.S. ex rel. Schutte v. SuperValu, Inc., Fourth Circuit panel holds that False Claims Act (FCA) relator adequately pleaded scienter and directs district court to consider falsity in the first instance
March 13, 2026
Judge Keenan, in dissent, agrees with the Chamber’s position that the case should be dismissed on FCA falsity grounds, concluding that the Medicaid Rebate Statute does not require “stacking” of discounts in calculating “best price.”
U.S. Chamber files coalition amicus brief urging Fourth Circuit to affirm dismissal, for lack of scienter and falsity, of False Claims Act (FCA) case on remand from the Supreme Court in light of U.S. ex rel. Schutte v. SuperValu, Inc
February 07, 2025
U.S. Chamber Coalition Amicus Brief
After Schutte, dismissal of a FCA complaint is required when both (1) the plaintiff failed to plausibly allege any subjective beliefs as to the defendant and (2) the defendant made reasonable assumptions about the meaning of relevant legal requirements.
John C. O'Quinn and Caroline S. Milner of Kirkland and Ellis LLP served as outside counsel.
The Chamber previously filed a brief in this litigation.