Government Contracting Law Report Publishes Salcido Retrospective on Escobar Ruling

October 8, 2019

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Jacinta O'Shea-Ramdeholl

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Sarah Richmond

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Government Contracting Law Report has published the article “Three Years After Escobar: Lessons Learned Regarding Plaintiffs’ Efforts to Neutralize Escobar and Opportunities This Practice Raises for Defendants,” written by Akin Gump health partner Robert Salcido.

The article, which originated as an Akin Gump client alert, recounts the Supreme Court’s unanimous decision in Universal Health Servs. v. United States ex rel. Escobar, which Salcido describes as “arguably the most influential False Claims Act (“FCA”) decision since Congress’ 1986 FCA amendments.”

In ruling the way it did, the Supreme Court, Salcido says, “transformed the FCA from a statute that was primarily invoked to police garden-variety regulatory and contractual disputes to a statute that can only be successfully invoked when a knowingly false statement has an actual impact, rather than a merely theoretical impact, on the government’s determination to pay a claim.”

To read the full article, please click here.

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