On June 16, the U.S. Supreme Court issued its opinion in U.S. ex rel. Polansky v. Executive Health Resources, a closely watched case about the government’s power to dismiss a False Claims Act (FCA) qui tam lawsuit over a...more
6/21/2023
/ Constitutional Challenges ,
Dismissals ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Care Providers ,
Healthcare ,
Qui Tam ,
Relators ,
Rule 41 ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
On August 24, 2018, the Ninth Circuit addressed the Supreme Court’s decision in Universal Health Services, Inc. v. U.S. ex rel. Escobar, holding that Escobar sets forth the exclusive test for establishing FCA liability under...more
8/30/2018
/ College Admissions ,
Colleges ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Funding ,
Financial Aid ,
Higher Education Act ,
Incentives ,
Interlocutory Appeals ,
Materiality ,
Student Enrollment ,
Title IV ,
Universal Health Services Inc v United States ex rel Escobar
U.S. ex rel. Badr v. Triple Canopy, Inc., an intervened case arising out of the Fourth Circuit, has been one of the more closely-watched recent FCA cases. Previously, the Fourth Circuit held that the government’s complaint...more
In June, the Supreme Court issued Universal Health Services, Inc. v. U.S. ex rel. Escobar, a landmark opinion in which the Supreme Court addressed the standard for pleading materiality in FCA implied certification cases. The...more
11/30/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Health Care Providers ,
Material Misrepresentation ,
Materiality ,
Medicaid ,
Remand ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar