Government Contracting Law Report Publishes Salcido Article on “False” Opinions and the False Claims Act
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Government Contracting Law Report has published the article “When Can Opinions Be “False” and Result in False Claims Act Liability: Three Circuit Courts Provide Conflicting Guidance—Part I,” written by Akin Gump health care and life sciences partner Robert Salcido.
The article, which originated as an Akin Gump client alert, notes that three circuit courts have recently considered when opinions can be false under the False Claims Act (FCA). Although there was disagreement among them regarding whether a plaintiff must establish “objective falsity” to assert an FCA violation, Salcido writes that they do agree “that the common law provides guidance regarding when an opinion can be false under the FCA.”
In this first installment of a two-part article series, Salcido discusses the background of the issue as well as U.S. Supreme Court precedent. In the second installment, he explains the circuit split and offers some key takeaways.
