Fourth Circuit: U.S. ex rel. Sheldon, et al. v. Allergan Sales, LLC, et al. (4th Cir. Dec. 10, 2024)
This brief addresses scienter and falsity under the False Claims Act, explaining that ambiguity in a regulatory scheme does not preclude FCA liability and that falsity should be analyzed using agency guidance before scienter is analyzed. It also explains that Loper Bright does not preclude courts from utilizing agency guidance in when interpreting a statute or regulation.