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An Update on False Claims Act Litigation: Circuit Splits and Other Developments in 2018
  • K&L Gates
  • USA
  • January 18 2019

Consistent with recent trends, 2018 saw significant activity in False Claims Act (“FCA”) litigation. While the government has made efforts to

Health Care Enforcement Quarterly Roundup - September 2018
  • McDermott Will & Emery
  • USA
  • September 11 2018

In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have

False Claims Act: Circuit Court Questionably Construes Scienter Requirement
  • Jones Day
  • USA
  • June 21 2017

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp

Eye on the Circuit Courts
  • Manatt Phelps & Phillips LLP
  • USA
  • May 30 2017

This month, we highlight recent cases from the Third, Fifth and Ninth Circuits that caught our eye. The two cases from the Third Circuit are

State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby : Judges Have Discretion Whether To Dismiss False Claims Act Suits Over Seal Violations
  • Arnold & Porter Kaye Scholer LLP
  • USA
  • December 9 2016

On December 6, 2016, the US Supreme Court issued a unanimous decision in the case of State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby, holding

Seventh Circuit Applies Escobar’s Materiality Standard to (Again) Reject False Certification Claim
  • Foley & Lardner LLP
  • USA
  • October 31 2016

This summer, the United States Supreme Court undertook to resolve the long-running circuit split over the validity and scope of the implied false

The FCA: Escobar Means More Than You Think
  • Manatt Phelps & Phillips LLP
  • USA
  • July 27 2016

On June 6, 2016, the Supreme Court issued a unanimous decision in the Medicaid case of Universal Health Services, Inc. v. United States ex rel

First Circuit Upholds Dismissal of FCA Claims with Prejudice Taking Middle-Ground Approach to Particularity Requirement
  • Sidley Austin LLP
  • USA
  • June 28 2016

The First Circuit, in United States ex rel. Garcia v. Novartis AG, upheld the dismissal of a FCA claim with prejudice against Novartis Pharmaceutical

Universal Health Services: contractors take note Supreme Court approves implied certification theory of False Claims Act liability
  • DLA Piper
  • USA
  • June 22 2016

In a unanimous ruling handed down last week, the US Supreme Court settled an existing circuit split in favor of those seeking to expand the False

Materiality Matters: SCOTUS Rules on FCA Implied Certification
  • Davis Wright Tremaine LLP
  • USA
  • June 20 2016

In a unanimous decision issued on June 16, 2016, in Universal Health Inc. v. U.S. et al. ex rel. Escobar et al. the United States Supreme Court