The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

On Monday, the court asked the government to weigh in on a petition filed earlier this year, about whether it matters that someone accused of “knowingly” defrauding the government under the False Claims Act believes or understands their own conduct was unlawful. Known as a “call for the views of the solicitor general,” or CVSG, this request may indicate that the justices are looking closely at the issue. This week, we highlight cert petitions that ask the court to consider, among other things, the same question under similar circumstances.

The FCA allows an individual to sue on behalf of the United States if they have evidence that someone obtained money from the government under false pretenses. In exchange for helping to protect public funds, that individual is entitled to a share of any money recovered.

When Walmart rolled out $4 monthly supplies of many generic drugs in 2006, other pharmacy chains scrambled to keep up. Safeway announced two competing offers: price-matching with any competitor, and a free membership program for $4 monthly supplies paid for without insurance. While Walmart reported its $4 flat price as “usual and customary,” or U&C, to the government for reimbursement, Safeway reported U&C prices at the rates it charged those who did not request price-matching or join the...

Read Full Story: https://www.scotusblog.com/2022/08/justices-signaling-interest-in-false-claim...