In US ex rel. Hutcheson v. Blackstone Medical Inc., decided on June 1, 2011, the First Circuit declined to "adopt any categorical rules as to what counts as a materially false or fraudulent claim under the FCA." The approach of other circuits requires that a claim be either "factually false" or "legally false." In addition, the First Circuit rejected the argument that "a claim can only be false or fraudulent if it fails to comply with a precondition of payment expressly stated in a statute or regulation." The court also rejected the argument that the compliance certification by the submitting entity "cannot incorporate an implied representation about the conduct of non-submitting entities." This ruling represents a significant departure from the standards applied by several other circuit courts and thereby further deepens a circuit split and increases the possibility of Supreme Court review.