Materiality Under FCA: The Lower Courts Grapple With Escobar’s Meaning

Materiality Under FCA: The Lower Courts Grapple With Escobar’s Meaning

Publication

Related Documents

Related Solutions

A global team handling highly complex and sensitive matters in all aspects of litigation.
Drawing on years of experience in the public and private sectors, our lawyers handle a range of litigation involving the federal government, state and foreign governments, and complex regulatory regimes.
Uncompromising defense of corporations and individuals in high-profile and complex litigation and investigations.
Drawing on our extensive experience in senior government roles and in private practice, our team has successfully represented clients in difficult, high-stakes FCA investigations and litigation, and advised clients on practical strategies for reducing FCA risk through internal compliance programs.

In this article published by Bloomberg Law's Federal Contracts Report, Jonathan Cedarbaum, Benjamin Chapin and Thad Eagles discuss the Supreme Court's decision in Universal Health Services v. Escobar ex rel. United States and the different interpretations lower courts have begun to take.

In the six months since the Supreme Court's decision on implied certification and materiality in Universal Health Services, Inc. v. United States ex rel. Escobar, lower courts have begun to apply the Supreme Court's analysis to a variety of fact patterns and thus have begun to debate whether Escobar simply reaffirmed the prior understanding of materiality under the False Claims Act (FCA) or instead established a new more rigorous test for materiality. 136 S. Ct. 1989 (June 16, 2016). Read the full article

 

Authors

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.

I Accept Cancel