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False Claims Act Statistics, News & Analysis

In the Eye of the Storm: Recovering from Wind, Rain, and False Claims Act Liability After a Natural Disaster

With hurricane and tropical storm season in full force, large parts of America face, or anticipate, the prospect of recovering from a natural disaster. Images of destruction wrought by Hurricanes Katrina, Rita, Irene, and Sandy have etched themselves into America’s collective consciousness. In addition to the human toll, these events posed an incredible financial cost. The four hurricanes mentioned above caused approximately $208.4 billion in destruction, requiring states to compensate quickly by rebuilding infrastructure such as roads, bridges, homes, public utilities, and to provide services to those displaced by the damage.

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Eighth Circuit Decision Suggests Supreme Court's Rejection of "Objectively Reckless" Test in Patent Case Leaves Intact Safeco's "Objectively Reasonable" Test for False Claims Act Knowledge

Courts finding that FCA defendants lacked knowledge sufficient to impose liability have frequently cited the Supreme Court’s holding in Safeco Insurance Company of America v. Burr, that where there is more than one objectively reasonable interpretation of a statute, regulation, etc., a defendant cannot be found to have acted knowingly or recklessly.

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