Topic
Implied False Certification
61 published works
Inside the False Claims Act
Supreme Court Review Sought on FCA Materiality, Scienter Elements
By Brian Roark, Taylor Chenery, Brian Irving
On Tuesday, November 20, 2018, Defendants-Petitioners Brookdale Senior Living Communities, Inc. et al. (Brookdale) filed a petition for a writ of certiorari with the U.S. Supreme Court asking the Court to…
Health Law Diagnosis
Ninth Circuit Issues Long-Awaited Interpretation of Escobar Two-Part Test
By Conor Duffy
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…
FCA Update
Sky-Diving Without a Parachute? Ninth Circuit Reluctantly Holds Escobar’s Two-Part Test Mandatory, For Now
By Laura McLane, Samuel C. Ashworth
In the aftermath of the Supreme Court’s 2016 Escobar decision, the majority of litigation regarding that decision’s impact has concerned the issue of materiality. While the materiality predicate to False…
Inside the False Claims Act
Ninth Circuit Holds that <em>Escobar</em> Set Forth Exclusive Conditions for Implied Certification Liability
By Brian Irving
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…
FCA Update
District Court Decision Joins Ranks of FCA Cases Confirming Escobar’s Materiality Standard
On June 8, 2018, the US District Court for the Eastern District of Virginia granted in part a motion for summary judgement filed by a government contractor in an implied…
FCA Update
Par Pharmaceutical Beats FCA Prescription-Switch Allegations
In the fourth of a related set of qui tam False Claims Act (FCA) suits, the United States District Court for the Northern District of Illinois granted summary judgment in…
FCA Update
Latest District Court Decision Confirms Escobar Two-Part Implied Certification Test
By Tony Maida
One of the most litigated issues following the Supreme Court's Escobar decision is whether the Court created a limited, two-part test to define the implied certification theory under the False…
Triage Health Law
Applying Escobar — Decisions on Materiality, Falsity and Other Issues
June 16, 2017, marks the one-year anniversary of the precedent-setting U.S. Supreme Court decision in Universal Health Services v. United States ex rel. Escobar (Escobar), which approved the implied false…
FCA Update
Fourth Circuit Decision in Triple Canopy Sets up Another Implied Certification Circuit Split
On May 16, 2017, the US Court of Appeals for the Fourth Circuit issued a decision in US ex rel. Badr v. Triple Canopy, Inc. In this case, the government…
Government Contracts Legal Forum
It’s the Cover-Up That Gets You
By Brian Tully McLaughlin, Jason Crawford
On May 16, 2017, the Fourth Circuit issued a decision in United States ex rel. Omar Badr v. Triple Canopy, holding that the Government had properly alleged an implied certification…