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Universal Health Services, Inc. V. United States Ex Rel. Escobar: The U.S. Supreme Court Adopts The Implied Certification Theory As A Basis Of Liability Under The False Claims Act
Summary On June 16, 2016, the U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, a Medicaid case involving the “implied certification” theory of liability under the False Claims Act (“FCA”). The “implied false certification” theory provides that a defendant may violate the FCA by failing to disclose noncompliance with a relevant statutory, regulatory, or contractual requirement. In Escobar, the Court unanimously confirmed that the th
Jeffrey Haber
Jul 5, 20168 min read
The U.S. Supreme Court to Resolve a Circuit Split Over Whether a Violation of the FCA Seal Requirement Mandates Dismissal of a Qui Tam Complaint
By: Jeffrey M. Haber Catastrophic events often bring out the best in people. Sometimes, however, such events bring out the worst in people. The events that followed Hurricane Katrina stand as reminders of the latter, at least according to Cori and Kerri Rigsby, two sisters who filed a False Claims Act ("FCA") complaint against State Farm Fire and Casualty Co. ("State Farm"), among others. The Rigsby sisters, two experienced claims adjusters, alleged that State Farm and other
Jeffrey Haber
Jun 13, 20164 min read
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