There is a tendency for lawyers to look gift horses in the mouth. That said, says R. Scott Oswald writing in Law360, the recent 8-0 Escobar ruling in the U.S. Supreme Court was a massive win for whistleblowers and the False Claims Act:
In a unanimous 8-0 decision, and with an opinion authored by Justice Thomas, the U.S. Supreme court has affirmed that “FCA liability for failing to disclose violations of legal requirements does not turn upon whether those requirements were expressly designated as conditions of payment.”
Oral arguments before the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar were heard on Tuesday.
The TAF Education Fund filed an amicus curiae brief in this case, with the assistance of Jennifer Verkamp of Morgan Verkamp. TAFEF had filed an earlier amicus, in support of the whistleblowers, in the First Circuit.
The TAF Education Fund has filed an amicus curiae brief in support of the Respondents in Universal Health Services, Inc. v. United States and Commonwealth of Massachusetts ex rel. Julio Escobar and Carmen Correa.
The Supreme Court will soon be hearing Universal Health Services v. United States ex rel Escobar.
In Escobar, the relators’ daughter, a teenage recipient of state medical benefits, consulted with mental health counselors at Arbour Counseling Services, which is owned and operated by Universal Health Services, to seek treatment for behavioral problems.
The Supreme Court has announced it will hear Universal Health Services v. United States ex rel Escobar.