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Oles Morrison

That’s a Wrap—When the United States tells the Supreme Court Your Qui Tam Suit is a Goner

By on December 20, 2018 | Posted in Procurement Issues

Following Escobar, the issue of materiality remains at the forefront of False Claims Act motion practice at both the pleadings and judgment stage. Escobar emphasized that the FCA materiality requirement is demanding. In the case of Gilead Sciences, Inc. v. United States Ex Rel. Jeffrey Campie, et al. the respondents, qui […]

For Relators, the Roses aren’t Necessarily Redder: The Ninth Circuit’s Fresh Cut on Escobar for FCA Cases

By on October 18, 2018 | Posted in False Claims Act

The Ninth Circuit Court of Appeals in the recently issued case of United States ex. rel. Rose v. Stephens Institute (Rose) held that the two-step test of Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar) is mandatory in implied false certification cases brought under the False Claims […]

Escobar: Two-Stepping Away from False Claims Act Liability?

By on October 2, 2017 | Posted in False Claims Act

Escobar was initially feared as authorizing another avenue for plaintiffs bringing False Claims Act (FCA) claims. Some federal district courts, however, have used the two-step test of Escobar as a stringent requirement for an implied certification theory for proceeding against a contractor. Other courts, however, have charted a different pathfinding that […]

Uptick in Buy American Enforcement Means Increased False Claims Act Risks

By on June 22, 2017 | Posted in Claims and Disputes

Following Executive Order 13788 issued April 18, 2017, “Buy American and Hire American,” contractors and subcontractors should prepare for increased enforcement of the Buy American Act (BAA), Buy America legislation, the “Little Buy American Acts,” and related civil or criminal prosecution under the False Claims Acts (FCA). In recent years, […]