FCA Materiality Archives - Page 3 of 3

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,...

Tagged in: Certifications, FCA Federal, FCA Materiality,

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,...

Tagged in: FCA Federal, FCA Materiality, Improper Medical Personnel,

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...

Tagged in: Certifications, FCA Federal, FCA Materiality,

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,...

Tagged in: FCA Federal, FCA Materiality,

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...

Tagged in: Certifications, FCA Materiality,

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,...

Tagged in: Certifications, Contract Non-Compliance, Defense Contract Fraud, FCA Materiality, FCA Pleading,

Eighth Circuit Clarifies Position on Pleading Fraud Under the False Claims Act

Posted 09/4/14

By Jason Enzler The Eighth Circuit has become the latest appellate court to join the fray over what is required of False Claims Act complaints. Last Friday, in U.S. ex rel. Thayer v. Planned Parenthood of the Heartland, the Court held that a qui tam relator need not plead a representative sample of a false claim in order to survive a motion to dismiss the complaint. In doing so, the Eighth Circuit sided with...

Tagged in: FCA Materiality,

Third Circuit Deepens Divide on What Courts Require of Qui Tam Complaints

Posted 06/12/14

By Jason Enzler Last Friday, the Court of Appeals for the Third Circuit held that it would join three other circuit courts in rejecting a more restrictive view of what qui tam relators must allege in order to survive challenges to their False Claims Act complaints. In doing so, the Third Circuit’s decision in Foglia, ex rel. U.S. v. Renal Ventures Management, LLC has deepened the split forming among the circuit...

Tagged in: FCA Materiality,

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FCA Materiality

Ninth Circuit Applies Escobar, Dismisses Whistleblower Suit against Government Contractor

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

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

Eighth Circuit Applies Escobar Materiality Test

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

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

Eighth Circuit Clarifies Position on Pleading Fraud Under the False Claims Act

Third Circuit Deepens Divide on What Courts Require of Qui Tam Complaints

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