1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Will courts clarify the implied false certification theory? Ninth Circuit holds that the Supreme Court established a mandatory test, but the issue remains unsettled September 7, 2018 On August 24, 2018, t
2、he U.S. Court of Appeals for the Ninth Circuit became the latest circuit court to weigh in on one of the most disputed areas of False Claims Act (“FCA”) jurisprudencethe implied false certification theory. In United States ex rel. Scott Rose v. Stephens Institute, a panel of judges for the Ninth Cir
3、cuit held that the U.S. Supreme Courts landmark 2016 decision, United Health Servs., Inc. v. Escobar, established a mandatory two-part test for prevailing under the theory. However, several district courts in other circuits have reached the opposite conclusion and held that Escobars test is not requ
4、ired; further, the court in Stephens Institute suggested that its decision was compelled by Ninth Circuit precedent rather than Escobar itself. Consequently, the scope of implied false certification liability will likely remain uncertain unless and until the Supreme Court provides further guidance o
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