Where FCA Litigation Stands 5 Years After Escobar

Law360 (June 23, 2021, 4:53 PM EDT) -- Few U.S. Supreme Court cases have changed the landscape of litigation concerning a federal statute as the Supreme Court's June 16, 2016, decision in Universal Health Services Inc. v. Escobar and its groundbreaking discussion of the False Claims Act's materiality standard.

Practitioners anticipated the Supreme Court's consideration of whether a government contractor or health care provider's implied false certification could render a claim false under the FCA after years of consideration of that issue by lower courts.

After easily dispatching with that question by affirming the viability of such a theory of falsity, the Supreme Court unexpectedly turned its attention to...

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