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Implied False Certification

61 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. FCA Update

    District Court Decision Joins Ranks of FCA Cases Confirming Escobar’s Materiality Standard

    By Chelsea M. Rutherford

    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…

  6. FCA Update

    Par Pharmaceutical Beats FCA Prescription-Switch Allegations

    By Chelsea M. Rutherford

    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…

  7. 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…

  8. Triage Health Law

    Applying Escobar — Decisions on Materiality, Falsity and Other Issues

    By Squire Patton Boggs

    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…

  9. FCA Update

    Fourth Circuit Decision in Triple Canopy Sets up Another Implied Certification Circuit Split

    By McDermott Will & Emery

    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…

  10. 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…