Attys Dish On Escobar's FCA Impact One Year Later

Law360, New York (June 16, 2017, 2:02 PM EDT) -- The U.S. Supreme Court's decision one year ago in Universal Health Services v. Escobar has jolted False Claims Act litigation by creating a new approach to "implied certification" cases involving undisclosed noncompliance. Here, attorneys tell Law360 about key ways in which the decision has been applied. 

Brian Tully McLaughlin, Crowell & Moring LLP

"Two circuit courts — the Third Circuit in Petratos v. Genentech Inc. and the Fourth Circuit in Badr v. Triple Canopy — have recently relied on the government's intervention decision in determining the materiality of an alleged false claim. This raises a question as to whether the largely...

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