7th Circuit Remands, Applies FCA ‘Proper Scienter Standard’ Clarified By SCOTUS

(July 28, 2023, 12:44 PM EDT) -- CHICAGO — The Seventh Circuit U.S. Court of Appeals on July 27 vacated the judgments of a district court and remanded “in light of the U.S. Supreme Court’s clarification” regarding scienter and the high court’s finding that knowledge of submitting claims for pricing that was not usual and customary sufficed to show scienter in consolidated cases against pharmacies accused of fraudulently overcharging Medicare, Medicaid and the Federal Employee Health Benefits Program for prescription drugs in violation of the False Claims Act (FCA)....