Navigating The Circuit Split On Implied False Certification

Law360, New York (November 16, 2015, 5:34 PM EST) -- Steven M. Kaufmann

Marc. A Hearron

Aaron D. Rauh The U.S. courts of appeals disagree along two, perhaps three, lines over both the scope and validity of the doctrine of implied false certification under the False Claims Act. These divergences mean that motion practice and the potential for underlying liability differ depending upon where qui tam litigation is filed. The U.S. Supreme Court has before it a case that could potentially resolve the issue, and the court continues to deliberate as to whether to accept review.[1]

This article explains the implied false certification doctrine, explores the circuit split, and provides practical...

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