The Supreme Court is set to rule on whether the FCA is covered by the Safeco Insurance Co. v. Burr case. Several circuit courts have analyzed Safeco in the FCA context, and that lengthy history raises the question of why defense lawyers are suddenly emphasizing ambiguity with greater gusto.
While some lawyers believe the ambiguity argument will be successful, others are more skeptical. Samuel Lopez, of USA Herald, noted that the Supreme Court’s conservative justices tend to side with big business in close-call cases.
