Escobar Was A Clear Defeat For FCA Defendants

Law360, New York (June 22, 2016, 5:58 PM EDT) -- Last week's decision by the U.S. Supreme Court in United Health Services Inc. v. U.S. ex rel. Escobar was — the spin of defense attorneys notwithstanding — an unvarnished victory for government prosecutors, taxpayers, and the qui tam relators who file lawsuits on their behalf under the venerable False Claims Act.

  The 8-0 opinion by Justice Clarence Thomas clarified three key points of law, all in favor of those who battle dishonest contractors:

  The opinion affirmed the "implied certification" theory of liability under the FCA, holding federal contractors responsible for complying with all material rules that govern their work....

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