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On December 4, 2015, the U.S. Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7, to review the so-called “implied certification” theory of liability under the federal False Claims Act (FCA). That theory, which both the federal government and private “relators” have invoked with increasing frequency, finds an FCA violation for those who seek funds from the government while in violation of a legal or contractual obligation—even…
The U.S. Supreme Court recently granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7, to review the “implied certification” theory of liability under the False Claims Act.  In recent years, that theory has been applied in a wide variety of circumstances with increased frequency, exposing defendants to substantial damages and penalties.  Because of this, the Supreme Court’s decision could result in significant changes to the scope of False Claims…
One of the hottest topics in class action litigation is whether a defendant’s offer of judgment providing complete relief to a plaintiff under Rule 68 of the Federal Rules of Civil Procedure moots the plaintiff’s individual and uncertified class action claims.  In just a few weeks, the U.S. Supreme Court will take up this question in Campbell-Ewald Co. v. Gomez, and the Court could settle broad disagreement among lower courts on the issue. The use…