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Escobar Provides New Grounds For Seeking Gov't Discovery

Law360, New York (August 11, 2017, 5:11 PM EDT) -- The U.S. Supreme Court’s 2016 decision in Universal Health Services v. United States ex rel. Escobar,[1] should alter the way the government, defendants and courts approach discovery into the government’s knowledge and deliberations in False Claims Act cases.

The Deliberative Process Privilege and Government Efforts to Restrict Discovery

Typically, when litigants seek discovery against the United States in FCA cases in which the government declined to intervene, the government tries to limit, if not avoid its discovery obligations. One way it tries to do this is...
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