Blackstone Medical, Inc. v. United States ex rel. Susan Hutcheson

Issue: (1) Whether an allegation that a defendant has committed a statutory violation renders a claim submitted by an unrelated party “legally false” for purposes of the FCA, where no statute or regulation expressly conditions payment of the unrelated party’s claim on the defendant’s compliance; and (2) whether and when a private citizen is authorized to use a “legally false” theory under the False Claims Act as a generalized enforcement mechanism for statutes, regulations, contractual obligations, or other program requirements that are not otherwise privately enforceable.

Briefs and Documents

Certiorari-stage documents

• Petition for certiorari
• Brief in opposition
• Amicus brief of Association of Private Sector Colleges and Universities
• Amicus brief of Chamber of Commerce of the United States of America
• Amicus brief of National Defense Industrial Association
• Amicus brief of Amgen, Inc.
• Petitioner's reply