FCA Post-Escobar: Implied Certification Debate Will Continue

Law360, New York (June 20, 2016, 10:28 AM EDT) -- Blanca Fromm Young

David J. Feder The U.S. Supreme Court's acceptance of an implied certification theory of False Claims Act liability in Universal Health Services Inc. v. United States ex rel. Escobar does not end the debate over this controversial theory.

The most significant aspect of the court's much-anticipated decision in Escobar is not that it recognized the implied certification theory per se, but that it placed important limits on its application. The court accepted the theory only in the context of an affirmative representation made by a defendant. And it emphasized that courts must take care to enforce the FCA's...

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