Topic
Implied False Certification
61 published works
Inside the False Claims Act
Seventh Circuit Sidesteps Escobar; Boots FCA Claims for Lack of Knowledge
By Taylor Chenery, Matt Curley
The Seventh Circuit’s rejection of the implied certification theory of liability gave rise, in part, to the circuit split resolved by the Supreme Court’s opinion in Escobar. In its first…
Focus on Regulation
Understanding Escobar: The Supreme Court Endorses FCA Implied Certification, with Limits
By Jonathan Diesenhaus, Jessica Ellsworth
A unanimous Supreme Court held in Universal Health Services, Inc. v. United States ex rel. Escobar (“Escobar”) that under the civil False Claims Act (FCA), an “implied certification” of compliance…
Government Contracts Legal Forum
Supreme Court Recognizes Implied Certification Theory of FCA Liability
By Brian Tully McLaughlin, Jason Crawford, Sarah Hill
In a decision that will impact Government contractors, health care providers and all institutions that accept federal dollars, the U.S. Supreme Court this past week offered a qualified affirmation of…
Health Law Rx
What does the Escobar Decision Mean for Healthcare Providers?
By Michael P. Gennett, Ildefonso P. Mas
Universal Health Services, Inc. v U.S. ex rel. Escobar On June 16, 2016, the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel Escobar, No. 13-317,…
Health Law Update
No Longer Implied: Supreme Court Expressly Recognizes Implied Certification as a Theory of Liability Under the False Claims Act
By W. Barron A. Avery, B. Scott McBride, John W. Petrelli
Court Rejects the First Circuit's "Expansive View" of the Theory by Articulating "Rigorous" Standards of Materiality Yesterday, the U.S. Supreme Court issued a long-anticipated decision on the viability of the…
FCA Update
Supreme Court Vacates First Circuit’s Expansive View of Implied Certification Liability
By rshankar
On June 16, 2016, the Supreme Court of the United States issued an important decision regarding the implied certification theory of liability under the False Claims Act (FCA) in which…
Life Sciences Legal Update
U.S. Supreme Court Decision Upholds Implied Certification Theory of False Claims Act Liability, Articulates New Limits
By Colin Wrabley, M. Patrick Yingling, Lindsey Harteis
Last month, Lindsey provided readers of the Drug and Device Law blog with an overview of United Health Services, Inc. v. U.S. ex rel. Escobar, a False Claims Act (FCA) case…
The FCA Insider
Supreme Court Hands Down Opinion in Universal Health Services v. Escobar
By David Pivnick, Brett Barnett
The Supreme Court handed down its much-anticipated opinion in Universal Health Services, Inc. v. United States ex rel. Escobar et al. yesterday—a case addressing the viability of the implied certification…
Financial Services Perspectives
Supreme Court Narrows Application of Implied Certification under the False Claims Act and Establishes a Demanding Materiality Standard
By Brad Robertson, Ty E. Howard
The Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar reframes when falsity may be implied under the False Claims Act (FCA) and raises the bar for…
Healthcare Law Blog
Supreme Court Preserves But Significantly Changes “Implied Certification” Theory of False Claims Act Liability
By David Douglass, Erica Kraus, Michael Paddock
On June 16, 2016, the Supreme Court issued its opinion (“Op.”) in Universal Health Services v. U.S. ex rel. Escobar (“Escobar”), a case testing the viability and scope of the…