David Chizewer, principal in the firm's Litigation Group, is quoted in the Law360 article, "Attorneys Reflect On Escobar's FCA Impact 2 Years Later," published June 15, 2018.
The article discusses the U.S. Supreme Court ruling in Universal Health Services v. Escobar and its impact on the world of False Claims Act Litigation. The case explained how courts should gauge whether regulator violations were "material" to government reimbursement.
"Several post-Escobar decisions have placed particular emphasis on the Supreme Court's statement that 'if the government pays a particular claim in full despite its actual knowledge that certain requirements were violated, that is very strong evidence that those requirements are not material,'" Chizewer said.
He continued, "The Supreme Court evaluated Escobar's case at the pleadings stage, before any evidence had been presented. Thus, Escobar's pronouncement of what might, hypothetically, constitute 'strong evidence' is the most dangerous kind of dicta. The Supreme Court has attempted to dictate to all future trial courts the relative weight to assign theoretical evidence in the abstract, devoid of any context. Such is a job flung far from the role of a reviewing court."