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Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions

In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. This trend gained momentum following Justice Thomas’s dissent in United...more

District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided

Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an...more

Escobar’s “Rigorous” Materiality Standard: Recent Developments – Part Two

This is the second post of a two-part discussion of recent developments related to the materiality standard set forth by the Supreme Court in Universal Health Services v. U.S. ex rel. Escobar. Read our previous post, which...more

Escobar’s “Rigorous” Materiality Standard: Recent Developments – Part One

This is the first post of a two-part discussion of recent developments related to the materiality standard set forth by the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. Our second post will cover...more

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