Topic
Implied False Certification
61 published works
Organizational Integrity Group Blog
Straight Shooter: The Fourth Circuit Stands By Its Earlier Decision In Case About Iraqi Security Guards Whose Inability To Shoot Straight Gave Rise to FCA Liability
By Julie Bauman
They say bad facts make bad law. And in the world of the False Claims Act (“FCA”) 31 U.S.C. § 3729, et seq., where much law is made at the dismissal stage,…
Inside the False Claims Act
FCA Deeper Dive: Escobar and Its Aftermath – Part I
By Matt Curley
The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we…
FCA Update
Another District Court Dismisses Improperly Pled Implied Certification Claims
On March 27, 2017, the United States District Court for the Eastern District of Pennsylvania dismissed a False Claims Act (FCA) complaint due to failure to satisfy the Supreme Court’s…
New York Health Law
“Implied Certification” Theory Allowed Under the False Claims Act
The Supreme Court recently allowed liability through the implied certification theory of the False Claims Act (FCA), which was raised and upheld in Universal Health Services, Inc. v. United States…
The FCA Insider
First Circuit Finds that the Allegations in Escobar Satisfy the Supreme Court’s Materiality Requirements
The United States Supreme Court’s landmark decision in Escobar, which we have discussed previously, upheld the use of the implied certification theory where the implied certification of statutory/regulatory compliance is…
Inside the False Claims Act
Seventh Circuit Revisits Sanford-Brown, Rejects Implied Certification Claim
In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of…
FCA Update
Sanford-Brown on Remand: Seventh Circuit Jettisons Relator’s Case Under Escobar Standard
We previously reported on the Seventh Circuit’s decision in United States ex rel. Nelson v. Sanford-Brown Ltd., in which the court rejected the implied certification theory of FCA liability and…
Constructlaw®
US Supreme Court False Claims Act Decision in Escobar Has Significant Implications for Contractors
By Marion T. Hack, John Conrad
On June 16, 2016, the U.S. Supreme Court ruled in the matter of Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), changing the…
Health Law Update
A Tale of Two Escobars: Federal Courts Begin Grappling with Opposing Views of “Materiality”
By John W. Petrelli, B. Scott McBride
On June 16, 2016, the U.S. Supreme Court issued a highly anticipated opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, which for the first time expressly recognized implied…
Inside the False Claims Act
Escobar Forestalls Government’s Allegations in Intervened Case
By John Eason
On July 18, 2016, the United States District Court for the Northern District of California issued one of the first post-Escobar decisions addressing a motion to dismiss FCA allegations on…