Care Alternatives v. US ex rel. Druding

U.S. Supreme Court

Question(s) Presented

Whether a physician’s honestly held clinical judgment regarding hospice certification can be “false” under the False Claims Act based solely on a reasonable difference of opinion among physicians.

Tab Group

Petition Stage

Cert. petition denied

February 22, 2021

U.S. Chamber files coalition amicus brief urging Supreme Court to review a Third Circuit decision that rejects an “objective falsity” standard under the False Claims Act

October 23, 2020

Click here to view the brief filed jointly by the U.S. Chamber and Pharmaceutical Research and Manufacturers of America.

John P. Elwood of Arnold & Porter Kaye Scholer LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

Third Circuit Opinion -- Care Alternatives v. US ex rel. Druding (U.S. Supreme Court).pdf

U.S. Chamber and PhRMA Amicus Brief -- Care Alternatives v. US ex rel. Druding (U.S. Supreme Court).pdf