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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…

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")…

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…

Sidley Austin LLP | USA | 31 Jan 2018

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

In Universal Health Services v United States ex rel Escobar the Supreme Court emphasised that questions of materiality are not "too fact…

Phelps Dunbar LLP | USA | 29 Jan 2018

Discerning the True Meaning of Escobar: the remarkable case of US ex rel Ruckh v. Salus Rehabilitation

I strongly commend to you the recent case, US and State of Florida ex re Ruckh v. Salus Rehabilitation, LLC, et al, 2018 WL 375720 (1/11/2018, M.D…
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