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

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

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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 Universa 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

 

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