Phillips and Cohen partner Claire Sylvia discusses with Bloomberg News the oral argument before the U.S. Supreme Court’s in US ex rel. Schutte v. SuperValu Inc. case.
“The Justices seemed to view the case as presenting a narrow question of whether the Seventh Circuit was wrong when it said subjective intent does not matter,” said Claire M. Sylvia, who represents whistleblowers with Phillips & Cohen LLP in San Francisco. “While it is often hard to tell from oral argument, many of the Justices seemed to think that the Seventh Circuit was clearly wrong on that issue and seemed inclined to reverse on that ground.”
“As Justice Gorsuch noted, the respondent’s arguments about what it actually believed were arguments for the jury, but the statute itself includes a subjective element,” she said.
Read more at Bloomberg News, “Justices Appear Open to Whistleblowers’ Drug Fraud Arguments,” April 18, 2023.