How should a court evaluate the FCA’s materiality requirement when the government’s ability to deny claims is constrained? According to a recent decision from the Eleventh Circuit, the court should “broadly” consider the...more
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
This summer, the Northern District of California issued an opinion in an intervened case that expanded the theory of express false certification to a startling degree. Ruling on a motion to dismiss, the court in U.S. ex rel....more