FCA Decision Tracker: Continued Interpretations Of Escobar

Law360 (October 10, 2019, 7:24 PM EDT) -- More than three years after the U.S. Supreme Court’s landmark Escobar decision, courts continue to wrangle with how to interpret the ruling in False Claims Act suits, including in a spate of recent cases addressing two key questions the justices left open.

Justice Clarence Thomas, writing for a unanimous high court in Universal Health Services v. Escobar in June 2016, said that the "implied certification" doctrine could be used to back FCA claims.

The principle allows entities to be held liable if they implicitly, but falsely, certify they’ve complied with underlying legal, regulatory and contractual requirements when making claims for federal...

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