Analysis

FCA Decision Tracker: More Interpretations Of Escobar

Law360 (June 28, 2019, 9:43 PM EDT) -- A little more than three years after the U.S. Supreme Court's Escobar ruling, courts are continuing to reckon with changes the landmark decision made to the legal landscape for False Claims Act cases. Law360 is here once again to explore how judges are interpreting key parts of the opinion.

In Universal Health Services v. Escobar, the justices in June 2016 backed the "implied certification" doctrine as a basis for FCA liability, allowing entities to be held liable if they implicitly — but falsely — certify compliance with applicable laws, regulations and contractual requirements when making claims for federal reimbursement, even if those requirements...

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