Supreme Court Recognizes Implied Certification Claims, With Limits

Supreme Court Recognizes Implied Certification Claims, With Limits

Jun 21, 2016

Client Alert

Brownstein Client Alert, June 21, 2016

On June 16, 2016, the Supreme Court issued an opinion in Universal Health Services v. United States ex rel. Escobar, a case in which the court evaluated the viability of the “implied certification” theory of liability under the False Claims Act. As described in a previous client alert, the Universal Health Services case had the potential to drastically impact the liability of government contractors, especially defense and health care companies, under the False Claims Act.

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