Ten years after Universal Health Services v. Escobar was decided, one of the Supreme Court’s most important recent False Claims Act (FCA) decisions continues to baffle litigants and courts alike. What was billed as a case that could have killed the implied false certification theory of FCA liability did no such thing. Instead, the Supreme Court breathed a new but confounding life into the theory. In doing so, the Court also elevated scienter and materiality as “demanding” requirements designed to balance out the expanded way for qui tam plaintiffs and the government to prove falsity when claims for payment themselves did not present literal falsity.
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secure bonds for two development projects in England, arguing that any misunderstanding about who would be carrying out the building works was not its fault. . . . Law360 is on it, so you are, too....