News & Analysis as of

Material Misrepresentation False Claims Act (FCA)

PilieroMazza PLLC

PilieroMazza Annual Review What DOJ’s Annual FCA Report Means for Government Contractors

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The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government...more

PilieroMazza PLLC

[Webinar] Annual Review: What DOJ’s Annual FCA Report Means for Government Contractors - March 13th, 2:00 pm - 3:00 pm ET

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The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government...more

Bradley Arant Boult Cummings LLP

Falsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act Liability

The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching...more

PilieroMazza PLLC

[Webinar] 2022 FCA Year in Review and Emerging Trends for 2023 - March 8th, 2:00 pm - 3:00 pm ET

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The Department of Justice (DOJ) recovered approximately $2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2022, a sharp decline from 2021 and the lowest...more

PilieroMazza PLLC

The False Claims Act: 2019 Takeaways and 2020 Trends

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The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2019, and it remains the primary vehicle for the...more

PilieroMazza PLLC

[Webinar] The False Claims Act: 2019 Takeaways and 2020 Trends - April 2nd, 2:00 pm - 3:00 pm ET

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Please join Matt Feinberg and Jackie Unger—members of PilieroMazza’s FCA Team—on April 2, 2020, at 2:00 PM ET for commentary on potential pitfalls for government contractors who may face enforcement issues in light of...more

Mintz - Health Care Viewpoints

Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases

The Court of Appeals for the Third Circuit recently weighed in on a relator’s right to a hearing where the government moves to dismiss a declined qui tam case, holding that the False Claims Act (FCA) does not guarantee a...more

PilieroMazza PLLC

Learn from Others' Mistakes and Avoid an FCA Claim

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The recent settlement reached by International Business Machines Corporation (IBM), Cúram Software Ltd. (Cúram), and the Department of Justice provides a useful lesson for government contractors—especially contractors in the...more

Jones Day

Ninth Circuit Clarifies Import of Escobar in False Claims Act Litigation

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The Situation: Courts have disagreed over whether Universal Health Services, Inc. v. Escobar, 136 S. Ct. 1989 (2016), announced a mandatory test for implied certification liability under the False Claims Act ("FCA"). The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alleged Environmental Violation/False Claims Act: U.S. District Court Considers Application of Implied False Certification Theory

A United States District Court (Eastern District-Pennsylvania) (“Court”) addressed a qui tam action filed by Gary Cressman (“Cressman”) under the federal False Claims Act (“FCA”) in connection with an alleged environmental...more

Proskauer - Corporate Defense and Disputes

Fourth Circuit Upholds Disclosure of Government Subpoena as Evidence of Loss Causation

The Fourth Circuit ruled yesterday that a plaintiff can sufficiently plead loss causation to establish a securities-fraud claim based on an “amalgam” of two theories: corrective disclosure, and materialization of a concealed...more

Morgan Lewis

Federal Court Strikes Massive False Claims Act Verdict Following Landmark Escobar Ruling

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The ruling in Universal Health Services, Inc. v. Escobar "rejects a system of government traps, zaps, and zingers that permits the government to retain the benefit of a substantially conforming good or service but to recover...more

Alston & Bird

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

Jones Day

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit

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The Situation: A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements of the False Claims Act. The Result: Coyne v. Amgen is...more

Sheppard Mullin Richter & Hampton LLP

Escobar: Year One

Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016) was a landmark case in FCA jurisprudence. In Escobar, the Supreme Court held that the implied false certification theory can be a basis for...more

Saul Ewing LLP

Implied Certification Theory Loses Some of Its Fangs, but Is Another False Claims Act Theory Lurking Just Around the Corner?

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Federal courts across the country are wrestling with the uncertainty caused by the Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar regarding the requirements to state an implied...more

Jones Day

Sixth Circuit: Technical Physician Signature Deficiencies not "Material" to Reimbursement Claims

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The District Court for the Middle District of Tennessee held on June 22, 2017, that the timing requirements related to a physician's certification of need for home health services were not "material" to the Centers for...more

Manatt, Phelps & Phillips, LLP

Escobar's Impact: Recent Application of "Materiality" in Ninth Circuit

Last year, a unanimous U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar), 136 S.Ct. 1989 (2016), creating important implications for Federal False Claims Act (FCA) cases...more

Farrell Fritz, P.C.

“Implied Certification” Theory Allowed Under the False Claims Act

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The Supreme Court recently allowed liability through the implied certification theory of the False Claims Act (FCA), which was raised and upheld in Universal Health Services, Inc. v. United States ex rel. Escobar. The...more

WilmerHale

Materiality Under FCA: The Lower Courts Grapple With Escobar’s Meaning

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The Supreme Court’s decision in Universal Health Services v. Escobar ex rel. United States sought to clarify the standard for materiality under the False Claims Act, but lower courts have already begun to adopt different...more

McCarter & English, LLP

Universities Are Prime Targets for False Claims Act Liability

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Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a...more

Bass, Berry & Sims PLC

On Remand, First Circuit Finds Violations in Escobar Were Material

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"Escobar and the Implied Certification Theory: Initial Cases Raise the Bar on Materiality in False Claims Act Litigation"

On June 16, 2016, the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar1 (Escobar) unanimously upheld the implied certification theory of False Claims Act (FCA) liability and strengthened...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

Burr & Forman

The Materiality Standard In False Claims Actions

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The Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar on June 16, 2016 in which it ruled the implied false certification theory, previously recognized in several circuits, can form the basis for False...more

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