UPMC, et al. v. United States, ex rel. J. William Bookwalter, III, et al.
SocialSecurity
Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to suggest the defendant had knowledge that it was in violation of an ambiguous regulatory provision
QUESTION PRESENTED The False Claims Act, 31 U.S.C. § 3729(a)(1)(A), imposes treble damages and a per-claim civil penalty on any person who “knowingly presents, or causes to be presented, a false or fraudulent claim” seeking payment from the United States. The question presented is: Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to suggest the defendant had knowledge that it was in violation of an ambiguous regulatory provision. (i)