DOJ Trying To 'Eviscerate' Escobar, UnitedHealth Says

Law360, New York (January 17, 2018, 9:25 PM EST) -- The U.S. Department of Justice is seeking to “eviscerate” the U.S. Supreme Court’s monumental Escobar decision by arguing that the government doesn’t have to deny reimbursement to show that regulatory violations are serious, UnitedHealth Group Inc. said Tuesday.

UnitedHealth leveled its charge in a brief filed in California federal court seeking dismissal of a DOJ-backed whistleblower suit alleging $1 billion in Medicare Advantage fraud. The brief focused on whether the suit satisfies Escobar, which explained when regulatory violations are “material” and therefore actionable under the False...
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