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

Posted  06/30/17
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...

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.

Fifth Circuit Applies “Demanding” Escobar Materiality Standard

Posted  04/5/17
By Rosie Dawn Griffin The Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar continues to be hashed out in the lower courts. Last month, the Fifth Circuit applied Escobar’s materiality standard in U.S. ex rel Abbott et al. v. BP Exploration and Production, Inc. et al., a whistleblower case former BP contractor Kenneth Abbott brought under the False Claims Act (FCA) in...

Ninth Circuit Applies Escobar, Dismisses Whistleblower Suit against Government Contractor

Posted  01/18/17
By Hallie Noecker Last Thursday, the Ninth Circuit issued United States ex rel. Kelly v. Serco, Inc., the latest in a series of False Claims Act decisions—including in the First, Seventh, and Eighth Circuits—wrestling with the Supreme Court’s holding on materiality in Universal Health Services, Inc. v. United States ex rel. Escobar. Citing Escobar’s “rigorous” and “demanding” materiality standard,...

First Circuit Weighs in on Supreme Court’s Materiality Standard in Escobar Remand

Posted  12/9/16
By Rosie Dawn Griffin The Supreme Court’s opinion in Universal Health Services, Inc. v. United States ex rel. Escobar—in which the high court upheld the implied false certification theory of liability but placed a new focus on materiality under the False Claims Act (FCA)—has predictably spawned a number of lower court decisions grappling with materiality in the varied factual landscape of FCA litigation,...

Post-Escobar, Seventh Circuit Again Dismisses Suit Against For-Profit Educational Institution

Posted  11/18/16
By Hallie Noecker Another federal circuit recently weighed in to apply the U.S. Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar. Escobar was largely a victory for the United States and whistleblowers combatting fraud under the False Claims Act (FCA), resolving a split in the federal circuits by unanimously upholding implied false certification as a viable theory of FCA...

Eighth Circuit Applies Escobar Materiality Test

Posted  10/31/16
By Rosie Dawn Griffin The Supreme Court’s June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar—which unanimously endorsed the FCA’s implied false certification theory of liability, but reframed the Act’s materiality standard—left open questions as to how lower courts would interpret the high court’s holding that material noncompliance with an applicable statute,...

First Circuit Joins Growing Number Of Courts Taking More Reasoned View Of What Constitutes Fraud Under The False Claims Act

Posted  03/19/15
By Gordon Schnell The False Claims Act is all about addressing fraud resulting in financial loss to the government.  But the statute does not actually define what constitutes this essential element.  Instead, it has been up to the courts to decide how far to extend the statute's ultimate reach.  This has led to a divergence of views with some courts taking a narrow and more formalistic approach to the statute's...

Fourth Circuit Embraces Expansive View of False Claims Act Fraud and Materiality In Triple Canopy Ruling

Posted  01/15/15
By Gordon Schnell Another circuit court decision giving a properly expansive view of what it takes to make out a fraud claim under the False Claims Act.  This one from the Fourth Circuit in United States v. Triple Canopy, Inc..  Before the Court were two key questions.  One, whether a defense contractor's claim for payment still could be false when there was nothing false on the face of the invoice.  And two,...


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