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Implied False Certification

61 published works

  1. Inside the False Claims Act

    FCA Issues to Watch: The Future of the FCA’s Implied Certification Theory of Falsity

    By Matt Curley

    There are a number of key issues that will drive the government’s enforcement efforts in the coming year and that will have a significant impact on how healthcare fraud matters…

  2. Consumer Finance Spotlight

    Supreme Court to Decide False Claims Act “Implied Certification” Theory

    By James Martin, Colin Wrabley

    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…

  3. Global Regulatory Enforcement Law Blog

    ‘Implied Certification’ Theory Under the False Claims Act to be Reviewed by U.S. Supreme Court

    By James Martin, Colin Wrabley, M. Patrick Yingling

    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…

  4. Louisiana Law Blog

    United States Supreme Court to Address the Theory of “Implied Certification” Under the False Claims Act

    By Jennifer Thomas

    On December 4, 2015, the United States Supreme Court granted a Petition for a Writ of Certiorari in Universal Health Services, Inc. v. United States and Commonwealth of Massachusetts ex…

  5. Life Sciences Legal Update

    U.S. Supreme Court Will Review the Validity of “Implied Certification” Liability Under the FCA

    By Lisa Baird

    On December 4, the U.S. Supreme Court granted certiorari in Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, raising the question of whether “implied certification” liability is…

  6. Inside Government Contracts

    High Court to Resolve Split of Authority on “Implied” False Claims

    By Susan B. Cassidy

    On December 3rd, the Department of Justice released its annual summary of recoveries in False Claims Act (FCA) cases.  Although down from last year’s $5.69 billion, this year’s recoveries of…

  7. Government Contracts Legal Forum

    Cert for Implied Cert

    By David W. O'Brien, Brian Tully McLaughlin, Jason Crawford, Jared Engelking

    Last week, in a case that will have a significant impact on the government contracting industry, the Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex…

  8. FCA Update

    Recent Appellate Developments in “Implied Certification”

    By McDermott Will & Emery

    We have previously written several articles regarding the circuit courts’ application of the so-called “implied certification” theory of liability under the False Claims Act (FCA). That theory is the subject…

  9. FCA Update

    Fifth Circuit Enforces High Rule 9(b) Bar in Affirming Dismissal of Implied Certification Case

    By Paul M. Thompson

    In U.S. ex rel Gage v. Davis S.R. Aviation, LLC, the U.S. Court of Appeals for the Fifth Circuit confirmed the high degree of specificity needed to successfully plead a…

  10. FCA Update

    Condition of Payment Limitation on Implied Certification Cases is Alive and Well in the D.C. Circuit

    By Laura McLane

    To the extent there was ever any doubt about the vitality the “condition of payment” limitation on “implied certification” False Claims Act (FCA) cases in the D.C. Circuit, the court…