Ever since the Supreme Court’s June 16, 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, a False Claims Act (“FCA”) case upholding the theory of implied certification, significant discussion has commenced regarding the Court’s “new” FCA materiality standard. How the appellate courts define materiality under... Continue Reading →Tags: Escobar, false certification, False Claims Act, FCA, government, implied certification, Marsteller, material, materiality, Tilton, Universal Health Services
The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can... Continue Reading →Tags: 7th Cir, conditions of participation, False Claims Act, FCA, implied certification, Nelson, original source, PPA, public disclosure, Sanford-Brown, Seventh Circuit
US ex rel Kelly v Serco Case no. 11cv2975 /WQH-RBB (S.D.Cal. Oct. 6, 2014) Relator alleged the Defendant failed to follow government time and cost reporting requirements. The court found that Defendant impliedly certified compliance with certain regulations. However, the court found that the regulations, which applied to the Department... Continue Reading →Tags: Department of Defense, Department of Homeland Security, False Claims Act, FCA, implied certification, Kelly, Regulations, Serco, summary judgment