Attys Reflect On Escobar's FCA Impact 2 Years Later

Law360 (June 15, 2018, 5:26 PM EDT) -- It's been two years since the U.S. Supreme Court tossed a firecracker into the world of False Claims Act litigation with its decision in Universal Health Services v. Escobar, which explained how courts should gauge whether regulatory violations were "material" to government reimbursement.

Here, attorneys tell Law360 how the decision has played out and what lies ahead.

John G. Martin, Garfunkel Wild PC

"I think the biggest impact of Escobar is yet to be felt. Currently, courts and litigants are focused on the materiality standard that Escobar enunciated, but I think the issue of scienter will end up having a more...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!