Tag Archives: U.S. Supreme Court

Supreme Court Hears Oral Arguments in Significant False Claims Act Case

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Our colleagues Jackie Baratian and Jason Popp summarize here the oral argument for Universal Health Services v. United Sates ex rel. Escobar heard by the U.S. Supreme Court on Tuesday, April 19th, laying out the various arguments presented by counsel and addressed by the Justices.  As they note, much of the argument focused on the Restatement of Contracts, as a source of “fraud” in contracting common law, to help draw a distinction between an implied promise and an immaterial unspoken performance detail.  The Justices also took note of the decision in Halper, in which the Supreme Court in [...]Read more

Supreme Court to Rule on the Implied Certification Theory

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The U.S. Supreme Court has scheduled oral arguments in a case that will have significant implications for cases brought under the False Claims Act (FCA). In Universal Health Services v. United States ex rel. Escobar, No. 15-7, the Court will hear argument on two important questions. First, whether the “implied certification” theory of legal falsity is viable under the FCA, a question on which the circuit courts of appeal are divided. If the Court concludes the implied certification theory is viable, then the second issue it will consider is whether government contractors’ reimbursement claims [...]Read more

Are More Constitutional Challenges to State DBE Contracting Programs On the Way?

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An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs. In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more

Jeff Belkin Quoted on the U.S. Supreme Court Case Kingdomware Technologies, Inc. v. United States

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On November 5, 2015, Jeff Belkin was quoted in Law360 in connection with the Kingdomware case. Belkin was again quoted on December 1, 2015, in Law.com on the same case. At issue for the Court is whether the Federal Circuit court erred in construing 38 U.S.C. § 8127(d)’s mandatory set-aside as discretionary. Subsections (b), (c), and (d) of 38 U.S.C. § 8127 provide authority for the Department of Veterans Affairs’ (VA) contracting officers to restrict competition and make awards directly to service-disabled veteran-owned small business (SDVOSB) and veteran-owned small business (VOSB) firms, [...]Read more