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FCA Materiality

This archive displays posts tagged as relevant to materiality issues in whistleblower litigation. You may also be interested in our pages:

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DOJ Affirms its Materiality Provision but Threatens to Dismiss Gilead FCA Case

Posted  12/7/18
On November 30, 2018, the United States filed its amicus curiae brief before the Supreme Court in Gilead Sciences, Inc. v. United States ex rel. Campie (“Gilead”). The brief highlights two key topics in False Claims Act (“FCA”) litigation: (1) the interpretation of materiality under Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 19889 (2016) (“Escobar”) and (2) the impact of the January 2018 Granston...

Ninth Circuit Refuses to Kill Incentive Compensation Ban Whistleblower Suit

Posted  08/31/18
By Leah Judge
Education Fraud
Last week, the Ninth Circuit refused to kill a False Claims Act lawsuit alleging that San Francisco’s Academy of Art University violated the federal incentive compensation ban. The ban, which falls under Title IV of the Higher Education Act, prohibits schools that receive federal funds from paying incentives to employees for securing enrollments. The ban operates to protect students from pushy recruiters looking to sell students on their school-regardless of...

Constantine Cannon Files Amicus Brief on Behalf of AARP

Posted  07/27/18
Constantine Cannon is proud to have partnered with AARP Foundation to represent AARP, AARP Foundation, Center for Medicare Advocacy, Justice in Aging, the National Consumer Voice for Quality Long-Term Care, and the National Health Law Program, as amici curiae in the whistleblower-initiated case of United States ex rel. Angela Ruckh v. Salus Rehabilitation, currently on appeal before the 11th Circuit. The appeal presents an important opportunity for the Court of...

False Claims Act Developments: Sixth Circuit Rules that Timing Matters When It Comes to Certifying Plans of Care

Posted  06/21/18
By Leah Judge Reaffirming the importance of patient plans of care, the Sixth Circuit recently held that the timing of a physician’s certification of such plans is material to the government’s decision to pay for home health services. The case marks another circuit court’s application of the materiality standard announced in Universal Health Servs., Inc. v. United States ex rel. Escobar, and serves as a rebuke to recent decisions that...

Supreme Court Considers Revisiting Key FCA Decision

Posted  04/17/18
By the C|C Whistleblower Lawyer Team Yesterday, the justices asked the Trump Administration’s Office of the Solicitor General’s views on a petition for certiorari in United States ex rel. Campie v. Gilead Scis., a

Florida Judge Erases $350M Jury Verdict in FCA Case

Posted  01/18/18
By the C|C Whistleblower Lawyer Team Last Thursday, a judge in the Middle District of Florida threw out a $350M jury verdict against a nursing home provider. The basis of the decision was a stringent interpretation of the FCA’s materiality element. The ruling heavily relied upon the 2016 Supreme Court decision in Universal Health Services v. Escobar. This is the latest example of that ruling being hashed out in lower...

Ninth Circuit Finds Materiality in the Face of Continued Government Payment

Posted  07/14/17
By Rosie Dawn Griffin Earlier this month, the U.S. Court of Appeals for the Ninth Circuit revived United States ex rel. Campie v. Gilead Scis., a False Claims Act (FCA) suit against pharmaceutical giant Gilead Sciences and, in doing so, provided the qui tam bar with additional guidance on how the lower courts will interpret the Supreme Court’s emphasis on materiality in Universal Health Services, Inc. v. United States ex rel. Escobar. The suit, brought...

District Court Gives Short Shrift to Payment Terms in Recent Brookdale Decision

Posted  06/30/17
By Rosie Dawn Griffin
A recent district court decision from the Middle District of Tennessee serves as a reminder that qui tam relators would be wise to ferret out and include in their filings examples of any instances in which the government has taken enforcement action against companies involved in the type of misconduct they allege. It also underscores the point that courts must remember that the government has to pick and choose what malfeasance...

June 16, 2017

Constantine Cannon attorneys Harry Litman and Mary Inman were quoted in the Law360 article, One Year Later, Escobar Is Roiling FCA Landscape.  Click here to read the article.

June 9, 2017

Eric Havian quoted in the Bloomberg article on the Supreme Court's Escobar decision, Growing Pains Remain One Year After Implied Certification Ruling. Click here to read the article.
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