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Results: 1-10 of 756

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit
  • Jones Day
  • USA
  • January 11 2018

A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements


Materiality Part II: Government Knowledge
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 3 2018

This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal


Second Circuit Finds That The Government’s Continued Payment In The Face of Fraud Allegations Undercuts Materiality
  • Sidley Austin LLP
  • USA
  • January 2 2018

The Supreme Court emphasized in Escobar that questions of materiality are not "too fact intensive for courts" to decide through a motion to dismiss


Another State Alleges False Claims Act Violation to Combat Opioid Crisis
  • McDermott Will & Emery
  • USA
  • October 26 2017

On October 5, 2017, the State of New Jersey sued Insys Therapeutics, Inc. (Insys), alleging that the company improperly marketed and promoted the


Litigation Update: Ninth Circuit Stays Mandate to allow Gilead to Seek Cert on Key Post-Escobar Issues
  • Vinson & Elkins LLP
  • USA
  • October 6 2017

We reported previously on yet another implied certification case raising significant questions about materiality and falsity in the post-Escobar world


Escobar's Effect on False Claims Act Qui Tam Actions
  • Dinsmore & Shohl LLP
  • USA
  • October 2 2017

The False Claims Act (FCA or Act) can be a real punch in the gut for businesses on the wrong side of an FCA claim. The Act, codified at 31 U.S.C


Open Season for FCA Relators? Ninth Circuit Finds Falsity in Gilead Case Despite Possible Discrepancy with Sister Court
  • Vinson & Elkins LLP
  • USA
  • September 5 2017

We’re back with our second installment on the Ninth Circuit’s decision in United States ex. Rel. Campie v. Gilead Sciences, Inc., No. 15-16380, 2017


Made in China: Ninth Circuit Departs from Escobar and Rules Government’s Continued Payment of Claims Despite Knowledge of Chinese Origin of Drugs Not Enough to Defeat Materiality on the Pleadings
  • Vinson & Elkins LLP
  • USA
  • July 18 2017

Since Escobar, FCA defendants have aggressively litigated materiality. They have asked courts to define when materiality can be defeated by a showing


Ninth Circuit Affirms Viability of FCA Liability for Misrepresentations to FDA
  • Sidley Austin LLP
  • USA
  • July 18 2017

Both before and after the Supreme Court's decision in Escobar, courts have hesitated to accept "fraud on the FDA" theories of liability, which posit


Ninth Circuit Affirms Broad Reach of Public Disclosure Bar
  • Sidley Austin LLP
  • USA
  • May 19 2017

A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirms the real challenges the public disclosure bar can pose to whistleblowers