FCA Cert. Monitor: Petitions Concerning Materiality After Escobar and the Original Source Exception Before the Court
There are currently 10 FCA cases on the Supreme Court’s docket, raising materiality after Escobar, the first-to-file and public disclosure bars, and the Rule 9(b) pleading standard, among other issues.
- U.S. ex rel. Carter v. Kellogg Brown & Root Services, addressing particulars of denying cases under the first-to-file bar.
- Bellevue v. Universal Health Services of Hartgrove, questioning invocation of the original source exception to the public disclosure bar.
- U.S. ex rel. Little v. Triumph Gear Systems, challenging the Tenth Circuit’s apparent determination of fact in a first-to-file denial.
- Gilead Sciences, Inc. v. U.S. ex rel. Campie, questioning whether a violation is material where the government continued to buy products after learning of alleged regulatory infractions.
- Medical Device Business Services v. U.S. ex rel. Nargol, asking the court to consider the appropriate pleading standard under Rule 9(b).
- U.S. ex rel. Harman v. Trinity Industries, Inc., seeking review of the Fifth Circuit’s decision vacating a judgment in the much-discussed case involving guard rails.
- Palin v. United States, raising issues of materiality under Escobar.
- Raza v. United States, also raising the issue of whether Escobar’s materiality standard applies to criminal cases.
- U.S. ex rel. King v. Solvay Pharmaceuticals, addressing the standard to establish a causal connection between a false statement and a false claim, as well as the public disclosure bar.
- U.S. ex rel. Conner v. FDIC, seeking review of a decision denying the relator a share of an FDIC recovery from a bank.
