by Duane Morris

Writing for a unanimous Supreme Court of the United States, on June 1, 2023, Justice Clarence Thomas issued a decision clarifying the knowledge requirement for cases brought pursuant to the False Claims Act (FCA). In overturning the consolidated cases of United States ex rel. Schutte et al. v. SuperValu Inc., et al. and United States ex rel. Proctor v. Safeway, Inc., the Supreme Court rejected the Seventh Circuit’s focus on the objectively reasonable interpretation of an ambiguous rule or regulation. Instead, the Court held that the FCA’s scienter requirement refers to the defendant’s subjective knowledge and belief at the time the claim is submitted.

by Advocacy News - Michigan Chamber of Commerce

After months of back and forth, the Michigan Supreme Court adopted an amendment to its personal identifying information (PII) court rule impacting background checks.

As previously reported, the court rule, which was slated to go into effect on January 1, 2022, would have required Michigan courts to redact all personal identifying information (PII) from public records. In doing so, the Supreme Court would have effectively eliminated the ability of professional background screening companies to conduct background checks for businesses across Michigan. Ninety-four percent of employers conduct background checks and, in many instances, are required to do so under state and federal law.

U.S. Supreme Court Focuses on Subjective Intent in Overturning False Claim Act Cases

Supreme Court Amends Rule; Background Checks Should Continue Without Delay