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Illinois Federal Court Denies Motion to Dismiss Counterclaims Alleging Offshore Reinsurance Company Was Not Established
  • Squire Patton Boggs
  • USA
  • September 1 2017

A warranty services and financing company (Company) and a car dealership (Dealership) entered into a warranty claims servicing agreement

District Court Rules that Claims Without Specific Misrepresentations Fail to Meet Escobar’s Test But Can Proceed Based on Fraudulent Inducement
  • Sidley Austin LLP
  • USA
  • August 29 2017

In Escobar, the Supreme Court upheld implied certification claims "at least where two conditions are satisfied," namely specific misrepresentations

Latest District Court Decision Confirms Escobar Two-Part Implied Certification Test
  • McDermott Will & Emery
  • USA
  • August 24 2017

One of the most litigated issues following the Supreme Court's Escobar decision is whether the Court created a limited, two-part test to define the

Implied False Certification Theory Fails in FCA Case Against Billing Agent
  • Mintz Levin
  • USA
  • August 23 2017

A court in the Southern District of New York (“SDNY” or the “Court”) recently released an important decision applying the Supreme Court’s landmark

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

Applying Escobar, Court Rejects Comparative Effectiveness and “Fraud on the Formulary” Claims
  • Sidley Austin LLP
  • USA
  • July 6 2017

The heightened materiality standard imposed by the Supreme Court last year in Escobar continues to pose a formidable bar to relators pursuing

When Do Disclaimer Clauses Bar Fraud Claims?
  • Dean Mead Attorneys at Law
  • USA
  • February 14 2017

The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in

Escobar Forestalls Government’s Allegations in Intervened Case
  • Bass, Berry & Sims PLC
  • USA
  • July 22 2016

On July 18, 2016, the United States District Court for the Northern District of California issued one of the first post-Escobar decisions addressing

Florida state cases (141212)
  • Carlton Fields
  • USA
  • December 14 2012

Foreclosure: D'Oench, Duhme doctrine insulates National Credit Union Administration from affirmative defenses based on fraud in the inducement - Conlen v

Florida State cases (280912)
  • Carlton Fields
  • USA
  • September 28 2012

Certiorari: overbreadth of discovery order is not proper basis for certiorari relief