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Expert Analysis

Analyzing FCA Materiality Defense Outcomes Under Escobar

By Brenna Jenny, Matthew Bergs and Paul Kalb (December 13, 2021, 11:50 AM EST) -- The U.S. Supreme Court's 2016 decision in Universal Health Services Inc. v. U.S., generally known as the Escobar case,[1] put a spotlight on the government's continued payment in False Claims Act cases, establishing that the government's continued payment despite actual knowledge of a violation is a strong defense against the element of materiality....

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