Tag Archives: Materiality

Materiality Part I: Distinguishing Important Representations from the Minor or Insubstantial

Editor’s Note: This is the first in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal Health Services, Inc. v. U.S. ex rel. Escobar. In Escobar, the Supreme Court described several factors that a district court should consider in assessing whether a particular … Continue Reading

The Government’s Take on Materiality After Escobar

Following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), we expected significant False Claims Act litigation over the Act’s materiality standard.  Such litigation is a direct consequence of Escobar’s holding, which does not limit the implied certification theory to violations of conditions of … Continue Reading
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