Escobar's FCA Test Is Mandatory, Judge Rules

Law360, New York (August 11, 2017, 7:48 PM EDT) -- A two-part test of falsity in the U.S. Supreme Court’s momentous Escobar decision must always be satisfied in cases alleging undisclosed noncompliance with regulations, a New York federal judge has ruled, deepening a split on whether the test is mandatory.

The ruling on Thursday from U.S. District Judge Deborah A. Batts came in a whistleblower case alleging fraudulent Medicaid billing by information technology firm Computer Sciences Corp. and New York City. The case, which has been joined by the U.S. Department of Justice, alleges nondisclosure of...
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