Bradley attorney Aron Beezley was quoted in Law360 on the U.S. Supreme Court’s decision a year ago in Universal Health Services v. Escobar that established a new approach to "implied certification" cases involving undisclosed noncompliance, impacting False Claims Act litigation.
"As a result of the now-famous footnote 6 in the Escobar decision — in which the Supreme Court rejected the argument that questions of 'materiality' are not properly resolved via a dispositive motion — FCA defendants are increasingly seeking to resolve suits at the dispositive motions stage. Notably, the Ninth Circuit, in Kelly v. Serco, recently cited footnote 6 of the Escobar decision in support of the proposition that 'courts can properly dismiss an FCA claim on summary judgment based on a claimant’s failure to meet the rigorous standard for materiality under the FCA’," said Beezley.
The complete article, “Attys Dish on Escobar’s FCA Impact One Year Later,” appeared in Law360 on June 16, 2017. (login required)