On September 7, 2017, the Second Circuit realigned its stance on false certifications under the False Claims Act (“FCA”) in light of the Supreme Court’s decisions in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016). BACKGROUND In the initial action, relators brought a qui... Continue Reading →Tags: 2nd Circuit, Bishop, certification, Escobar, express, False Claims Act, FCA, implied, pleading, Second Circuit, Wells Fargo
Releases of FCA claims my only be effective in very limited circumstances, the Second Circuit Court of Appeals ruled in a decision this week. In US ex rel. Ladas v. Exelis, Inc, et al., the court ruled that a pre-filing release is unenforceable as a matter of public policy –... Continue Reading →Tags: Exelis, False Claims Act, FCA, Lados, Release, Second Circuit, settlement
With the passing of the Affordable Care Act (“ACA”), False Claims Act (“FCA”) observers noted the imminent filing of cases alleging violations of the ACA’s amendments to the FCA or “reverse” false claims. Such claims are per se false claims under the FCA and arise when a government contractor or health... Continue Reading →Tags: 60-day Rule, ACA, DOJ, Intervention, New York, Retained Overpayments, Reverse False Claims, Second Circuit