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Universal Health Services Inc v United States ex rel Escobar False Implied Certification Theory

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

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

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

Mintz - Health Care Viewpoints

Third Time’s Not the Charm: Supreme Court Again Declines to Weigh in on Escobar’s “Materiality” Standard

The Supreme Court denied a petition for certiorari last Monday in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., No. 17-5826 (6th Cir. June 11, 2018), again declining to revisit or clarify the False Claims...more

Bass, Berry & Sims PLC

With Widening Circuit Splits and Mounting Pressure, Will 2019 See a Post-Escobar Decision from the Supreme Court?

Bass, Berry & Sims PLC on

In 2016, the U.S. Supreme Court handed down its decision in Universal Health Services, Inc. v. U.S. ex rel. Escobar confirming the viability of the implied false certification theory in False Claims Act (FCA) cases and...more

Hogan Lovells

False Claims Act: 2018 and the road ahead

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The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2018 Year in Review

INTRODUCTION - Unlike some recent years, 2018 was somewhat short on headline grabbing news related to the False Claims Act (FCA). There were, to be sure, significant developments in the courts and within the Department of...more

Mintz - Health Care Viewpoints

DOJ Announces to the Supreme Court That it Will Seek to Dismiss False Claims Act Case, and Affirms Position on Materiality Under...

The United States Department of Justice (DOJ) filed an amicus curiae brief with the Supreme Court on November 30, 2018 in a closely watched False Claims Act (FCA) lawsuit, after the Supreme Court asked for the Solicitor...more

King & Spalding

U.S. Supreme Court Asked to Review Escobar Circuit Splits Related to Materiality and Scienter in False Claims Act (FCA) Cases

King & Spalding on

On November 20, 2018, Defendants-Petitioners in Brookdale Senior Living Communities, Inc. v. U.S. ex rel. Prather (Brookdale), filed a petition for writ of certiorari with the U.S. Supreme Court (the High Court) asking the...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Clarifies Implied-Certification Claims Test Under the FCA

Recent Ninth Circuit case law created uncertainty about the requirements for establishing an implied false certification claim following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel....more

Jones Day

Ninth Circuit Clarifies Import of Escobar in False Claims Act Litigation

Jones Day on

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

Robinson+Cole Health Law Diagnosis

Ninth Circuit Issues Long-Awaited Interpretation of Escobar Two-Part Test

In late August, the U.S. Court of Appeals for the Ninth Circuit issued a long-awaited decision in U.S. ex rel. Rose v. Stephens Institute that interprets key aspects of the implied false certification theory of False Claims...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Makes Mandatory Escobar’s Implied False Certification Test, But Fails to Faithfully Follow Escobar’s Directives

• Escobar’s two-part implied false certification test is mandatory in the 9th Circuit. • Though couched as adopting the Escobar standard, the 9th Circuit panel’s decision may actually undermine Escobar’s overarching...more

Bass, Berry & Sims PLC

Ninth Circuit Holds that Escobar Set Forth Exclusive Conditions for Implied Certification Liability

Bass, Berry & Sims PLC on

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

Arnall Golden Gregory LLP

A Split Decision By The Ninth Circuit Highlights The Courts’ Continuing Uncertainty Over The Proper Standard For “Materiality” In...

In a split decision announced on August 24, 2018, the Ninth Circuit added another layer to the ongoing debate about “materiality” under the False Claims Act (FCA) in the wake of the Supreme Court’s decision in Universal...more

Morgan Lewis

Ninth Circuit Panel: Escobar Test for Implied Certification Liability Is Mandatory

Morgan Lewis on

Unless and until the US Court of Appeals for the Ninth Circuit, “en banc, interprets Escobar differently,” a Ninth Circuit panel, relying on past case law, has ruled that relators seeking to establish False Claims Act...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Analyzes Implied False Certification Standard Under Escobar

On August 24, the U.S. Court of Appeals for the Ninth Circuit, in U.S. ex rel. Scott Rose, et al., v. Stephens Inst., dba Acad. of Art Univ., affirmed the U.S. District Court for the Northern District of California’s order...more

The Volkov Law Group

The Supreme Court’s Escobar Decision and the Impact on False Claims Act Cases (Part I of IV)

The Volkov Law Group on

This week I am running a series of posts on healthcare fraud enforcement and the False Claims Act. With all the controversy swirling around the Mueller investigation and prosecutions, the Justice Department continues its...more

McDermott Will & Emery

Health Care Enforcement Quarterly Roundup - Q2 | July 2018

McDermott Will & Emery on

Following our inaugural installment of the Health Care Enforcement Quarterly Roundup, we are pleased to be back this quarter with another overview of key enforcement trends in the health care industry. In this issue, we...more

Jones Day

Sixth Circuit 2-1 Ruling Addresses False Claims Act Materiality and Scienter Standards

Jones Day on

The Decision: A divided Sixth Circuit panel held that allegations of submitting late-signed supporting documents to Medicare could plead False Claims Act ("FCA") materiality and scienter. The Reasoning: Timing regulations...more

Sheppard Mullin Richter & Hampton LLP

What Have We Learned About False Claims Act Litigation in the Two Years Since Universal Health Services, Inc. v. United States ex...

Summer is almost here. For some, that means planning vacations to the beach, hitting the gym to shed that winter weight, or perhaps hitting the golf course—but for us at the Sheppard Mullin Healthcare Law Blog and the False...more

WilmerHale

False Claims Act Alert - An Escobar Roundup: Falsity, Materiality, and Scienter

WilmerHale on

In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that implied certification claims are viable under the False Claims Act (FCA), but...more

K&L Gates LLP

K&L Gates Triage: Triage in 2018: Health Care Topics to Watch in the New Year

K&L Gates LLP on

We expect 2018 to be another year of rapid change within the health care industry. In this episode, Mary Beth Johnston highlights some of the key topics that the health care practice group will monitor in the coming year,...more

Robinson+Cole Health Law Diagnosis

Escobar Compels Florida District Court to Overturn $350 Million Jury Verdict Arising from Claims of Inadequate Documentation

Last month, a U.S. District Court in the Middle District of Florida overturned judgments totaling $347,864,285 returned by a jury under the federal False Claims Act (FCA) and Florida’s state equivalent against the owners and...more

Williams Mullen

Risky Business of the False Claims Act, Part II – What Your Business Needs to Know About the FCA & How You Might Encounter It

Williams Mullen on

In Part I of our False Claims Act (FCA) blog series, we examined the evolution of the FCA and why some understanding of its parameters is important to businesses engaged in, among others, the government contracts, medical,...more

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