Editor's Note :

Editor's Note :

We expect additional orders from the December 9 conference on Monday at 9:30 a.m. There is also a possibility of opinions on Monday.

Universal Health Services v. United States ex rel. Escobar

Docket No. Op. Below Argument Opinion Vote Author Term
15-7 1st Cir. Apr 19, 2016
Tr.Aud.
Jun 16, 2016 8-0 Thomas OT 2015

Holding: (1) The implied false certification theory can be a basis for liability under the False Claims Act when a defendant submitting a claim makes specific representations about the goods or services provided, but fails to disclose non-compliance with material statutory, regulatory, or contractual requirements that make those representations misleading with respect to those goods or services; and (2) liability under the FCA for failing to disclose violations of legal requirements does not turn upon whether those requirements were expressly designated as conditions of payment.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Thomas on June 16, 2016.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 30 2015Petition for a writ of certiorari filed. (Response due July 31, 2015)
Jul 14 2015Waiver of right of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa to respond filed.
Jul 29 2015DISTRIBUTED for Conference of September 28, 2015.
Aug 4 2015Response Requested . (Due September 3, 2015)
Aug 18 2015Order extending time to file response to petition to and including October 5, 2015.
Oct 5 2015Brief of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa in opposition filed.
Oct 20 2015Reply of petitioner Universal Health Services, Inc. filed.
Oct 21 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 16 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 4 2015Petition GRANTED limited to Questions 2 & 3 presented by the petition.
Jan 8 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jan 19 2016Joint appendix filed. (Two Volumes) (Statement of costs filed.)
Jan 19 2016Brief of petitioner Universal Health Services, Inc. filed.
Jan 25 2016Brief amici curiae of American Health Care Association and the National Center for Assisted Living filed.
Jan 25 2016Brief amicus curiae of CareSource filed.
Jan 26 2016Brief amicus curiae of CTIA-The Wireless Association filed.
Jan 26 2016Brief amici curiae of American Hospital Association, et al. filed.
Jan 26 2016Brief amici curiae of Interested Healthcare Providers filed.
Jan 26 2016Brief amicus curiae of Association of Private Sector Colleges and Universities filed.
Jan 26 2016Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
Jan 26 2016Brief amicus curiae of Generic Pharmaceutical Association filed.
Jan 26 2016Brief amicus curiae of Washington Legal Foundation filed.
Jan 26 2016Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 26 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 26 2016Brief amicus curiae of Coalition for Government Procurement filed.
Jan 26 2016Brief amicus curiae of Catholic Charities of the Diocese of Joliet, Inc. filed.
Jan 26 2016Brief amici curiae of American Medical Association, et al. filed.
Feb 9 2016The time to file respondents' brief on the merits is extended to and including February 25, 2016.
Feb 25 2016Brief of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa filed.
Mar 2 2016Brief amicus curiae of Professor Joel D. Hesch filed.
Mar 3 2016Brief amicus curiae of the United States filed.
Mar 3 2016Brief amicus curiae of Professor David Freeman Engstrom filed.
Mar 3 2016Brief amicus curiae of National Whistleblower Center filed.
Mar 3 2016Brief amici curiae of the Judge David L. Bazelon Center for Mental Health Law, et al. filed.
Mar 3 2016Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Mar 3 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 3 2016Brief amicus curiae of AARP filed.
Mar 3 2016Brief amicus curiae of Mark McGrath filed.
Mar 3 2016Brief amici curiae of States of Illinois, et al. filed.
Mar 3 2016Brief amicus curiae of The Commonwealth of Massachusetts filed.
Mar 3 2016Brief amici curiae of Law Professors and Senior Lecturers of Law filed.
Mar 3 2016Brief amicus curiae of U.S. Senator Charles E. Grassley filed.
Mar 4 2016SET FOR ARGUMENT ON Tuesday, April 19, 2016
Mar 14 2016Record requested from U.S.C.A. 1st Circuit.
Mar 15 2016CIRCULATED.
Mar 21 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 28 2016Reply of petitioner Universal Health Services, Inc. filed. (Distributed)
Apr 6 2016Record received from U.S.D.C. District of Massachusetts. The record is electronic and located on PACER with the exception of SEALED documents received in 1 Envelope.
Apr 6 2016Record received from U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of the Joint Appendix contained in 1 envelope.
Apr 19 2016Argued. For petitioner: Roy T. Englert, Jr., Washington, D. C. For respondents: David C. Frederick, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Jun 16 2016Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 18 2016JUDGMENT ISSUED
Aug 19 2016Record from U.S.D.C. District of Massachusetts has been returned.
Aug 19 2016Record from U.S.C.A. 1st Circuit has been returned.
 
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