U.S. Supreme Court
Apr. 28, 2016
Justices search to limit FCA rather than axing legal theory
The Supreme Court didn't seem interested in adopting either side's position at oral argument in a recent case about the False Claims Act. By Jonathan Schmidt and Kevin Daly
On April 19, the U.S. Supreme Court heard oral argument in Universal Health Services v. United States ex rel. Escobar. The case presents fundamental doctrinal questions about the False Claims Act that, if answered in the petitioner's favor, could narrow the scope of FCA liability.
In Escobar, the Supreme Court will address the "implied certification" theory of FCA liability. It is well ...
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