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Triple Canopy, Inc. v. United States ex rel. Badr

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Petition granted, judgment vacated and case remanded for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar on June 27, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
14-1440 4th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether a contractor’s knowing failure to comply with a contractual, statutory, or regulatory provision, without payment being conditioned on that provision, results in a false claim that violates Section 3729(a)(1)(A) of the False Claims Act under the “implied certification” theory of liability; (2) whether “implied certification” is a valid theory of liability under Section 3729(a)(1)(A) of the False Claims Act; and (3) whether, given Federal Rule of Civil Procedure 9(b)’s requirement that all fraud claims be pleaded with particularity, a “false record or statement” claim under Section 3729(a)(1)(B) of the False Claims Act obliges a plaintiff to plead actual reliance by the government on the false record or statement in question.

DateProceedings and Orders (key to color coding)
Jun 5 2015Petition for a writ of certiorari filed. (Response due July 8, 2015)
Jul 1 2015Order extending time to file response to petition to and including August 7, 2015.
Jul 8 2015Brief amici curiae of The National Defense Industrial Association, et al. filed.
Jul 28 2015Order further extending time to file response to petition to and including September 8, 2015, for all respondents.
Sep 8 2015Brief of respondent United States in opposition filed.
Sep 8 2015Brief of respondent Omar Badr in opposition filed.
Sep 22 2015Reply of petitioner Triple Canopy, Inc. filed.
Sep 23 2015DISTRIBUTED for Conference of October 9, 2015.
Sep 30 2015Rescheduled.
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.
Jun 20 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. ___ (2016).
Jul 29 2016JUDGMENT ISSUED