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Wednesday, June 24, 2026

Analyzing FCA Materiality Defense Outcomes Under Escobar - Law360

known as the Escobar case,[1] put a spotlight on the government's continued payment in False Claims Act cases, establishing that the government's continued payment despite actual knowledge of a violation is a strong defense against the element of materiality. To assess the current effectiveness of this defense, we analyzed all published opinions in FCA cases issued from July 1, 2019, to the present that substantively addressed the relevance of the government's continued payment to the materiality inquiry. [2]Our analysis revealed that Escobar's continued-payment defense is often a. . .

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Read Full Story: https://www.law360.com/compliance/articles/1447443/analyzing-fca-materiality-...