Pratt's Government Contracting Law Report

WilmerHale
Contact

In a unanimous decision, the U.S. Supreme Court recently upheld the “implied certification” theory of liability under the False Claims Act, while emphasizing that only material misrepresentations are actionable. In this article, the authors explain the decision and discuss the implications for future False Claims Act cases.

In Universal Health Services v. United States ex rel. Escobar, the U.S. Supreme Court unanimously upheld the “implied certification” theory of liability under the False Claims Act (“FCA”), while emphasizing that only material misrepresentations are actionable. In particular, the Court held that liability can attach if the defendant submits a claim for payment that makes “specific representations about the goods or services provided, but knowingly fails to disclose the defendant’s noncompliance with a statutory, regulatory, or contractual requirement,” which the defendant “knows is material to the Government’s payment decision.”

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© WilmerHale

Written by:

WilmerHale
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

WilmerHale on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide