News & Analysis as of

Federal Pleading Requirements False Implied Certification Theory

Hogan Lovells

The False Claims Act Guide: 2022 and the road ahead - Escobar in practice: surveying materiality across circuits

Hogan Lovells on

The Supreme Court’s 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar resolved a Circuit split regarding the implied certification theory as a basis for False Claims Act (FCA) liability. While...more

Foley & Lardner LLP

Seventh Circuit Applies Escobar’s Materiality Standard to (Again) Reject False Certification Claim

Foley & Lardner LLP on

The Escobar and Sanford-Brown Decisions - This summer, the United States Supreme Court undertook to resolve the long-running circuit split over the validity and scope of the implied false certification theory of...more

Morrison & Foerster LLP

Courts Are Taking Materiality Seriously Post-Escobar

In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s...more

Mintz

Supreme Court Adopts Implied False Certification Theory in Universal Health Services v. United States ex rel. Escobar But Imposes...

Mintz on

On June 16, 2016, a unanimous Supreme Court issued its long-awaited decision in Universal Health Services v. United States ex rel. Escobar (“Escobar”). The Court ruled that under certain circumstances the theory of “implied...more

Bradley Arant Boult Cummings LLP

Supreme Court Narrows Application of Implied Certification under the False Claims Act and Establishes a Demanding Materiality...

The Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar reframes when falsity may be implied under the False Claims Act (FCA) and raises the bar for materiality under the statute. Though the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Endorses Implied Certification Theory of Liability But Establishes “Demanding” Materiality Standard Under the False...

Yesterday, the United States Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar et al., holding that the so-called “implied certification” theory is viable under the False Claims Act...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Preserves But Significantly Changes “Implied Certification” Theory of False Claims Act Liability

On June 16, 2016, the Supreme Court issued its opinion (“Op.”) in Universal Health Services v. U.S. ex rel. Escobar (“Escobar”), a case testing the viability and scope of the implied certification theory of False Claims Act...more

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