Washington, D.C. partner Jesse A. Witten was quoted in a Law360 article titled “Attys Dish On Escobar's FCA Impact One Year Later.”
One year ago, the United States Supreme Court handed down a decision in Universal Health Services v. Escobar that has shaken up False Claims Act (FCA) litigation by creating a new approach to implied certification cases related to undisclosed noncompliance.
Jesse commented on the impact of the high court’s decision:
“Escobar has proven to be a welcome injection of common sense. Lower courts have understood, and acted upon, the Escobar ruling that a defendant can be liable under the FCA for certifying regulatory compliance only if the violation, had it been known, would actually have resulted in the government not paying claims. This ruling has also meant that discovery of the government has taken on far more significance than in the past, since how the government has responded to similar regulatory violations is highly relevant to whether a given regulatory violation is material.”