Government Contracts Legal Forum

Tag Archives: Fourth Circuit

The Gang That Couldn’t Shoot Straight: Post-Escobar Application of the Materiality Standard in the Fourth Circuit

Posted in False Claims
On January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of the Court’s June 2016 holding regarding the implied certification theory in Universal Health Servs. v.… Continue Reading

Solicitor General Addresses Standard for Rule 9(b) in FCA Cases, Asks Supreme Court Not to

Posted in False Claims
The government has reiterated in no uncertain terms its proposed standard for particularity under the FCA: “a qui tam complaint satisfie[s] Rule 9(b) if it contains detailed allegations supporting a plausible inference that false claims were submitted to the government, even if the complaint does not identify specific requests for payment.”  Brief for United States… Continue Reading