Articles and Blogs


Critical Considerations of Implied Certification Under the FCA


Posted on April 4, 2019 in False Claims Act Defense

Published by: Hall Render

In a recent case out of Kansas, the Tenth Circuit reiterated the importance of the FCA’s materiality and scienter requirements that the Supreme Court set forth in Escobar: FCA claims must satisfy materiality and knowledge requirements—both of which are rigorous and strictly enforced. A whistleblower must prove knowledge in an implied certification case—it cannot... READ MORE

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Escobar, Back at the First Circuit


Posted on November 23, 2016 in False Claims Act Defense

Published by: Hall Render

Yesterday, the First Circuit Court of Appeals issued a new opinion in Universal Health Services, Inc. v. United States ex rel. Escobar.  Applying the materiality test enunciated by the Supreme Court in June, the First Circuit reaffirmed its previous decision that the whistleblowers’ complaint sufficiently stated a claim under the False Claims Act (“FCA”)... READ MORE

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7th Circuit Rules “Usual and Customary Pricing” Can Include Discount Programs


Posted on May 31, 2016 in False Claims Act Defense

Written by: David B. Honig

A recent whistleblower case could have a significant impact on Medicare Part D charge limits and corresponding reimbursement and could have ripple effects for aspects of other Medicare programs. The Seventh Circuit Court of Appeals ruled that reduced prescription prices offered by a large retail pharmacy (here Kmart) to participants enrolled in a popular discount... READ MORE

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Materiality and Government Knowledge in the Sixth Circuit


Posted on February 3, 2015 in False Claims Act Defense

Written by: David B. Honig

Written by David B. Honig and Steven H. Pratt. On February 2, the Sixth Circuit Court of Appeals ruled on a case from the Southern District of Ohio, US ex rel American Systems Consulting, Inc. v Mantech Advanced Systems International. At issue was whether a court may determine whether a knowingly false statement in a proposal for... READ MORE

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