On June 1, 2021, the U.S. Supreme Court ruled in the qui tam case, U.S. ex rel. Schutte v. SuperValu Inc , that the scienter (intent or knowledge of wrongdoing) element of the False Claims Act is the defendant’s “knowledge and subjective belief” as opposed to what an objectively reasonable person may have known or believed. This overturns some other circuits’ “objectively reasonable person” standard. Check with your attorney to see if this overturns precedent in your Circuit.
