U.S. Supreme Court,
Civil Rights
Nov. 11, 2020
FCA update: Will the Supreme Court address materiality (again)?
Writing for a unanimous Supreme Court, Justice Clarence Thomas explained that the False Claims Act’s “materiality requirement” — one of the key elements of any False Claims Act case brought by whistleblowers or the government claiming “fraud” on the government — is “demanding” and “rigorous.”
Jim Zelenay Jr.
Partner
Gibson, Dunn & Crutcher LLP
Email: jzelenay@gibsondunn.com
James is a partner in the firm's Los Angeles office and practices in the Litigation Department. He has extensive experience in defending clients involved in white collar investigations, assisting clients in responding to government subpoenas, and in government civil fraud litigation.
Writing for a unanimous Supreme Court in 2016 in the landmark case Universal Health Services v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), Justice Clarence Thomas explained that the False Claims Act's "materiality requirement" -- one of the key elements of any False Claims Act case brought by whistleblowers or the governme...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In