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Kalus Kenny Intelex | Australia | 29 Nov 2022
Duty of candour for health services
From 30 November 2022, health services in Victoria are under a statutory duty of candour to patients who suffer a serious adverse patient safety…
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…
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…
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…
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")…
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......
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…
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…
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…
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…
