U.S. Supreme Court,
Civil Litigation,
Government,
9th U.S. Circuit Court of Appeals
Jan. 28, 2019
FCA claims after Escobar
In 2016, the U.S. Supreme Court resolved the question of whether there can be liability for implied false certification claims under the False Claims Act, but lower courts are still grappling with what proof is required to establish such claims.
Paul S. Chan
Managing Principal
Bird, Marella PC
Phone: (310) 201-2100
Email: pchan@birdmarella.com
Paul handles high-stakes and complex business disputes involving commercial fraud, class action, and intellectual property litigation.
Shoshana E. Bannett
Of Counsel
Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC
Phone: (310) 201-2100
Email: sbannett@birdmarella.com
Shoshana focuses her practice on the litigation of complex business.
The U.S. Supreme Court's seminal 2016 decision in Universal Health Services, Inc. v. Escobar continues to reverberate through the False Claims Act landscape. The opinion resolved the question of whether there can be liability for implied false certification claims under the FCA: There can, in some circumstances. But lower courts conti...
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