We explored the impact of the Supreme Court’s decision in Universal Health Servs., Inc. v. U.S. ex rel. Escobar to mark the fifth anniversary of this key False Claims Act opinion in a recent article for Law360. As we point out in the article, the Supreme Court’s decision “continues to have a profound impact on the manner in which FCA allegations are pleaded in FCA complaints, investigated by the government and litigated by parties to FCA lawsuits.”
In the article, we examine significant cases that have followed in the five years since Escobar’s consideration of the False Claims Act’s materiality standard and how the Supreme Court’s ruling has impacted the approach to dispositive motions in False Claims Act litigation, the significance of the government’s intervention decision in qui tam actions, and the pursuit of discovery from the government in False Claims Act cases. We also outline how the U.S. Department of Justice’s 2018 Granston memo addressing DOJ’s dismissal authority under the False Claims Act intersects with the Court’s decision in Escobar.
The full article, “Where FCA Litigation stands 5 Years After Escobar,” was published by Law360 on June 23 and is available online.