Law360, New York ( September 29, 2016, 10:37 AM EDT) -- The United States District Court for the Eastern District of New York recently dismissed a False Claims Act complaint for failing to plead materiality under the standard announced in Universal Health Services Inc. v. U.S. ex rel. Escobar, the U.S. Supreme Court's landmark FCA opinion issued in June of this year. The case, U.S. ex rel. Lee v. Northern Adult Daily Health Care Center, 13-cv-4933, 2016 (E.D.N.Y. Sept. 7, 2016), becomes one of the first to substantively apply Escobar and highlights the barrier the FCA's materiality requirement poses to FCA relators in the wake of the Supreme Court's ruling. It also suggests ways in which courts already are divided in their interpretation of Escobar....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
