Ninth Circuit Refuses to Kill Incentive Compensation Ban Whistleblower Suit
Posted 08/31/18
FCA Materiality
This archive displays posts tagged as relevant to materiality issues in whistleblower litigation. You may also be interested in our pages:
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...
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...
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 False Claims Act (FCA) suit against pharmaceutical giant Gilead Sciences. The suit, which was brought by two former Gilead employees turned whistleblowers, alleges the company made false statements...
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...
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....
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...