The Supreme Court’s opinion in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (June 16, 2016), will trigger weeks of commentary, months of debate, and years of litigation on how courts should apply the “implied false certification theory” of False Claims Act liability. But as discussed below, I believe that there […]

According to Webster’s, a “switcheroo” is “an unexpected reversal or change.”  When a federal department or agency pulls a switcheroo on the public or an industry by abruptly reversing a long-held interpretation of a key statutory phrase, there can be serious economic or other consequences for those who are affected.  In an opinion issued on

In a much anticipated decision, the Supreme Court held today in Spokeo, Inc. v. Robins, No. 13-1339, that alleging a “bare procedural violation” of a federal statute may not be enough to confer a plaintiff with standing to sue. On the other hand, the Court’s 6-2 opinion, authored by Justice Alito, indicated that “the violation

In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal directions. The Court rejected, however, unqualified immunity based on the federal government’s sovereign immunity (i.e., “derivative sovereign immunity”). Campbell-Ewald is