Topic
Materiality
117 published works
Inside the False Claims Act
FCA Deeper Dive: Escobar and Its Aftermath – Part II
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
Third Circuit Affirms Dismissal of FCA Suit against Genentech Based on Supreme Court’s Materiality Standard
On May 1, 2017, the US Court of Appeals for the Third Circuit affirmed the dismissal of United States ex rel. Petratos, et al. v. Genentech, Inc., et al., No.…
Organizational Integrity Group Blog
DC Circuit Finds Government Failure to Seek Repayment is “Very Strong Evidence” of Non-Materiality In False Claims Act Case
The DC Circuit recently issued a decision in U.S. ex rel. McBride v. Halliburton --- F.3d ----, 2017 WL 655439 (D.C. Cir. Feb. 17, 2017), in which it applied Universal…
Government Contracts Legal Forum
The Gang That Couldn’t Shoot Straight: Post-Escobar Application of the Materiality Standard in the Fourth Circuit
By Brian Tully McLaughlin, Jason Crawford, Sarah Hill
On January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme…
The Brand Protection Blog
Update: 2d Circuit denies split in Church & Dwight and Apotex rulings
On December 2, 2016, the United States Court of Appeals for the Second Circuit denied rehearing by the Panel and rehearing en banc. On December 5, 2016, the Court withdrew…
Organizational Integrity Group Blog
First Circuit on Escobar Remand: Relators’ Allegations of Regulatory Violations Sufficiently Material to State a Claim Under the FCA
By Scott Roybal
On remand from the Supreme Court’s Escobar decision, the First Circuit holds that Universal Health Services’ (UHS) alleged failure to adequately staff its facilities in compliance with Massachusetts health care…
Inside the False Claims Act
Citing Escobar, Court Dismisses Complaint that Alleged Violation of Conditions of Payment
By Brian Irving
The United State District Court for the Eastern District of New York recently dismissed an FCA complaint for failing to plead materiality under the standard announced in Universal Health Services,…
Organizational Integrity Group Blog
The Government’s Take on Materiality After Escobar
By Erica Kraus
Following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), we expected significant False Claims Act litigation over the…
New York Venture Hub
Why is the SEC Investigating Tesla Motors?
On July 11, 2016, the Wall Street Journal reported that the Securities and Exchange Commission is investigating whether Tesla Motors Inc. violated the securities laws, apparently by not disclosing timely a…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 22 – More on Establishing Materiality
By Barry Zalma
More on Establishing Materiality The court in Holtzclaw v. Bankers Mutual Insurance Co., 448 N.E. 2d 55 at p. 58 (Ind. App. 3d Dist., 1983), found that the representations of…