News & Analysis as of

Materiality Universal Health Services Inc v United States ex rel Escobar

Dorsey & Whitney LLP

The False Claims Act and the Anti-Kickback Statute: Causation, Materiality, and the Connection Between the Two

Dorsey & Whitney LLP on

Violations of the federal Anti-Kickback Statute (the “AKS”) have long served as a basis for liability under the federal False Claims Act (the “FCA”). Recently, however, there has been increasing uncertainty regarding how far...more

Stevens & Lee

False Claims Act’s Materiality Requirement Spotlighted Again in Recently-Decided Third Circuit Case

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The False Claims Act’s (FCA) materiality requirement as articulated by the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016) was again front and center, this time in a...more

Bradley Arant Boult Cummings LLP

Bipartisan Senate Bill Seeks To Weaken the False Claims Act’s Materiality Standard

On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s materiality requirement when the government has...more

Kohn, Kohn & Colapinto LLP

Bipartisan Amendments Introduced to Further Strengthen the False Claims Act

On July 25, 2023, Senator Chuck Grassley (R-Iowa) and Senator Dick Durbin (D-IL.) introduced amendments to the False Claims Act (FCA), a law that protects the federal government from fraud, saving taxpayers billions. The FCA...more

Husch Blackwell LLP

False Claims Act Update: A Mid-Year Review (2023)

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The Supreme Court issued a number of headline-grabbing decisions this term on topics like religious accommodation, LGBTQ protections, and consideration of race in college admissions. These decisions are wide-reaching and...more

WilmerHale

Supreme Court Holds That False Claims Act Requires Subjective Inquiry

WilmerHale on

On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more

Hogan Lovells

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

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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

Bass, Berry & Sims PLC

False Claims Act Fundamentals: What is Materiality?

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As previously discussed as a part of our ongoing FCA Fundamentals series, the False Claims Act (FCA) is the federal government’s most important and most effective tool for fighting fraud. While Congress has substantially...more

Bass, Berry & Sims PLC

FCA Lawsuit Against Walgreens Dismissed Because Government Fails to Plead Materiality

Bass, Berry & Sims PLC on

On December 2, the U.S. District Court for the Western District of Virginia granted a motion to dismiss a False Claims Act (FCA) lawsuit brought by the United States and the Commonwealth of Virginia, which alleged that a...more

Goodwin

Senate Judiciary Committee Advances False Claims Act Amendment to Full Senate

Goodwin on

On October 28, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full Senate a bipartisan bill that would make a number of amendments to the False Claims Act (“FCA”), including one that...more

Morgan Lewis

FCA Update from Morgan Lewis Team Recognized as Most Active FCA Defense Counsel

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In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more

Kohn, Kohn & Colapinto LLP

The Real Effect of the False Claims Amendment Act of 2021

The Senate Judiciary Committee is currently considering amendments to the False Claims Act, a law originally passed during the Civil War that was modernized in 1986. The debate in the Judiciary Committee is being closely...more

Bass, Berry & Sims PLC

Changes Coming to the FCA?  Proposed Amendments Would Impact Materiality Analysis, Government Discovery, Among Other Issues

Bass, Berry & Sims PLC on

On July 26, Senator Chuck Grassley (R-IA) introduced a long-promised bill to amend the False Claims Act (FCA). Not-so-creatively entitled the False Claims Act Amendments Act of 2021 (S.B. 2428), the proposed legislation is...more

Manatt, Phelps & Phillips, LLP

S.B. 2428 Proposes Amendments to the False Claims Act

On July 22, 2021, a bipartisan group of senators led by Chuck Grassley (R-IA) introduced the False Claims Amendments Act of 2021 (S.B. 2428). As the name suggests, the bill proposes certain amendments to the False Claims Act,...more

King & Spalding

Senator Grassley Introduces Bipartisan Legislation to Change the Application of the FCA’s Materiality Standard

King & Spalding on

On July 26, 2021, a bipartisan group of legislators led by Iowa Senator Chuck Grassley introduced a pair of bills that would represent the most significant changes to the FCA in more than a decade. In broad strokes, the...more

Bradley Arant Boult Cummings LLP

Proposed Bipartisan Legislation Would Further Burden the Defense of FCA Cases

The False Claims Amendments Act of 2021 (S. 2428), introduced late last month by a bipartisan group of senators led by Sen. Chuck Grassley (R-Iowa), could make defending False Claims Act (FCA) cases substantially more...more

Mintz - Health Care Viewpoints

Senator Grassley and Others Propose Amendments to the False Claims Act

Last week, a bipartisan group of Senators led by Senator Chuck Grassley (R-Iowa) introduced two pieces of proposed legislation, one of which would amend the False Claims Act (FCA) and the other of which would amend the...more

ArentFox Schiff

Senator Chuck Grassley Introduces Bipartisan Amendments to False Claims Act Aimed at Clarifying “Confusion” Over Materiality...

ArentFox Schiff on

On Monday, Senator Chuck Grassley, R-Iowa, introduced the False Claims Amendments Act of 2021, section 2 of which would provide that defendants “may rebut an argument of materiality” as to an allegedly false claim submitted...more

WilmerHale

FCA Enforcement Priorities in the Biden Administration

WilmerHale on

During a question-and-answer session following his opening remarks at the Federal Bar Association Qui Tam Conference earlier this year, Senator Chuck Grassley said that the government needed to “come down with a sledgehammer,...more

Bass, Berry & Sims PLC

Eleventh Circuit Broadens Materiality Analysis for Some Cases

Bass, Berry & Sims PLC on

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

Sheppard Mullin Richter & Hampton LLP

“Would You Rather…” – Escobar’s Demanding Materiality Standard or Actual Causation?

According to a recent decision in United States ex rel. Scollick v. Narula, Case No. 14-cv-1339 (D.D.C. Nov. 6, 2020), the fraudulent inducement theory of False Claims Act (“FCA”) liability does not require plaintiffs to...more

Dorsey & Whitney LLP

Another Escobar Exemplar: District of New Jersey Finds Materiality Lacking

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Last week, the U.S. District Court for the District of New Jersey dismissed a qui tam action against Defendants Pioneer Education, LLC, Pioneer Education Manager, Inc., Jolie Health & Beauty Academy, and Joseph Visconti...more

Jones Day

Tenth Circuit Rejects False Claims Act Theory About Falsified Records on Materiality Grounds

Jones Day on

The Situation: The Supreme Court's ruling in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), opened the door to more materiality defenses under the False Claims Act ("FCA"), but without making...more

Dorsey & Whitney LLP

Justice Department Touts FY2019 False Claims Act Statistics As Evidence Of Administration’s “High Priority” Against Fraud, But The...

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Earlier this month, the United States Department of Justice issued a press release to announce recoveries of over $3 billion from False Claims Act cases in FY2019. In making the announcement, Assistant Attorney General Jody...more

Foley Hoag LLP - White Collar Law &...

White Collar Year in Preview: False Claims Act Trends in 2020

Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed anti-corruption trends in 2020. Up next: a look...more

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