Appeals, Materiality, Qui Tam

Fraud in the Inducement: The Collision of Causation, Confusion, Common Law, and Common Sense

Miller & Martin PLLC on 7/3/2025

Federal courts have long recognized fraud in the inducement (also referred to as simply “fraudulent inducement”) (“FITI”) as an actionable theory of recovery under the False Claims Act (“FCA”). However, while loosely rooted...more

The Haunting in the Cornfield: Relators’ Qui Tam Claim Confirmed Dead by the Eighth Circuit

Bradley Arant Boult Cummings LLP on 10/31/2023

The Eighth Circuit Court of Appeals recently affirmed judgment against relators in a case alleging that a group of dairy farmers growing corn violated the False Claims Act by filing false insurance claims paid by the Federal...more

Escobar Materiality Requirement Wipes Out $347 Million Jury Verdict in False Claims Act Case

Burr & Forman on 6/18/2018

In 2016, the United States Supreme Court issued its decision in Universal Health Servs. v. U.S. ex rel. Escobar which dealt, in part, with how the “materiality” requirement should be enforced in False Claims Act (“FCA”)...more

Fifth Circuit Relies on Escobar in Vacating $663 Million FCA Judgment

Bass, Berry & Sims PLC on 10/20/2017

The U.S. Court of Appeals for the Fifth Circuit vacated a $663 million judgment, concluding that the Supreme Court’s opinion in Escobar doomed the plaintiff’s FCA claims on the issue of materiality....more

False Claims Act: 2016 Year in Review

Bradley Arant Boult Cummings LLP on 1/10/2017

We are pleased to present Bradley’s annual review of significant False Claims Act (FCA) cases, developments, and trends. From a relatively short article several years ago, the Review has grown to a significant publication...more

"Escobar and the Implied Certification Theory: Initial Cases Raise the Bar on Materiality in False Claims Act Litigation"

Skadden, Arps, Slate, Meagher & Flom LLP on 11/7/2016

On June 16, 2016, the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar1 (Escobar) unanimously upheld the implied certification theory of False Claims Act (FCA) liability and strengthened...more