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Bass Berry & Sims PLC | USA | 21 Nov 2018

Supreme Court Review Sought on FCA Materiality, Scienter Elements

On Tuesday, November 20, 2018, Defendants-Petitioners Brookdale Senior Living Communities, Inc. et al. (Brookdale) filed a petition for a writ of…
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Manatt Phelps & Phillips LLP | USA | 25 Sep 2018

Ninth Circuit Clarifies Implied-Certification Claims Test Under the FCA

Recent Ninth Circuit case law created uncertainty about the requirements for establishing an implied false certification claim following the Supreme…
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Bass Berry & Sims PLC | USA | 13 Jul 2018

DOJ Stakes Out its Position on Escobar and Post-Payment Conduct in the Wake of Ruckh

Following the recent high-stakes trial in U.S. ex rel. Ruckh v. Salus Rehabilitation, LLC, a federal district court overturned the $350 million…
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Jones Day | USA | 11 Jul 2018

Sixth Circuit 2-1 Ruling Addresses False Claims Act Materiality and Scienter Standards

A divided Sixth Circuit panel held that allegations of submitting late-signed supporting documents to Medicare could plead False Claims Act ("FCA")…
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Sidley Austin LLP | USA | 4 Jul 2018

Sixth Circuit's split decision highlights questions about pleading standard for materiality after Escobar

The Sixth Circuit recently resurrected the relator's case in United States ex rel Prather v Brookdale Senior Living Communities, Inc. In a two-to-one decision, the majority held that the relator's materiality and scienter allegations sufficed under Universal Health Services, Inc v United States ex rel Escobar. The gulf between the majority and the vigorous dissent by the judge reflects......
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Sheppard Mullin Richter & Hampton LLP | USA | 3 May 2018

What Have We Learned About False Claims Act Litigation in the Two Years Since Universal Health Services, Inc. v. United States ex rel. Escobar? Quite a Lot, Actually

Summer is almost here. For some, that means planning vacations to the beach, hitting the gym to shed that winter weight, or perhaps hitting the golf…
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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 8 Mar 2018

An Escobar Roundup: Falsity, Materiality, and Scienter

In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that…
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Duane Morris LLP | USA | 8 Feb 2018

False Claims Act Enforcement Activity Continues

New U.S. Department of Justice (DOJ) statistics released in January 2018 show that False Claims Act (FCA) whistleblowers who are not joined by the…
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Sheppard Mullin Richter & Hampton LLP | USA | 5 Feb 2018

Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility

A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal…
Commentary
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Sidley Austin LLP | USA | 31 Jan 2018

Second Circuit finds government's continued payment in face of fraud allegations undercuts materiality

In its recent decision, the Second Circuit held that the relator's failure to plead sufficiently that the allegedly defrauded agency had changed its reimbursement practices after becoming aware of information supposedly withheld by the defendant doomed the complaint on materiality grounds. The decision underscores the significance of the materiality requirement at the motion to dismiss stage.
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