Universal Health Services v. United States ex rel. Escobar

Editor's Note :

Universal Health Services v. United States ex rel. Escobar

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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Conference of February 15, 2019

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.

Date	Proceedings and Orders (key to color coding)
Jun 30 2015	Petition for a writ of certiorari filed. (Response due July 31, 2015)
Jul 14 2015	Waiver of right of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa to respond filed.
Jul 29 2015	DISTRIBUTED for Conference of September 28, 2015.
Aug 4 2015	Response Requested . (Due September 3, 2015)
Aug 18 2015	Order extending time to file response to petition to and including October 5, 2015.
Oct 5 2015	Brief of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa in opposition filed.
Oct 20 2015	Reply of petitioner Universal Health Services, Inc. filed.
Oct 21 2015	DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015	DISTRIBUTED for Conference of November 13, 2015.
Nov 16 2015	DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015	DISTRIBUTED for Conference of December 4, 2015.
Dec 4 2015	Petition GRANTED limited to Questions 2 & 3 presented by the petition.
Jan 8 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jan 19 2016	Joint appendix filed. (Two Volumes) (Statement of costs filed.)
Jan 19 2016	Brief of petitioner Universal Health Services, Inc. filed.
Jan 25 2016	Brief amici curiae of American Health Care Association and the National Center for Assisted Living filed.
Jan 25 2016	Brief amicus curiae of CareSource filed.
Jan 26 2016	Brief amicus curiae of CTIA-The Wireless Association filed.
Jan 26 2016	Brief amici curiae of American Hospital Association, et al. filed.
Jan 26 2016	Brief amici curiae of Interested Healthcare Providers filed.
Jan 26 2016	Brief amicus curiae of Association of Private Sector Colleges and Universities filed.
Jan 26 2016	Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
Jan 26 2016	Brief amicus curiae of Generic Pharmaceutical Association filed.
Jan 26 2016	Brief amicus curiae of Washington Legal Foundation filed.
Jan 26 2016	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 26 2016	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 26 2016	Brief amicus curiae of Coalition for Government Procurement filed.
Jan 26 2016	Brief amicus curiae of Catholic Charities of the Diocese of Joliet, Inc. filed.
Jan 26 2016	Brief amici curiae of American Medical Association, et al. filed.
Feb 9 2016	The time to file respondents' brief on the merits is extended to and including February 25, 2016.
Feb 25 2016	Brief of respondents United States and Massachusetts, ex rel. Julio Escobar and Carmen Correa filed.
Mar 2 2016	Brief amicus curiae of Professor Joel D. Hesch filed.
Mar 3 2016	Brief amicus curiae of the United States filed.
Mar 3 2016	Brief amicus curiae of Professor David Freeman Engstrom filed.
Mar 3 2016	Brief amicus curiae of National Whistleblower Center filed.
Mar 3 2016	Brief amici curiae of the Judge David L. Bazelon Center for Mental Health Law, et al. filed.
Mar 3 2016	Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Mar 3 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 3 2016	Brief amicus curiae of AARP filed.
Mar 3 2016	Brief amicus curiae of Mark McGrath filed.
Mar 3 2016	Brief amici curiae of States of Illinois, et al. filed.
Mar 3 2016	Brief amicus curiae of The Commonwealth of Massachusetts filed.
Mar 3 2016	Brief amici curiae of Law Professors and Senior Lecturers of Law filed.
Mar 3 2016	Brief amicus curiae of U.S. Senator Charles E. Grassley filed.
Mar 4 2016	SET FOR ARGUMENT ON Tuesday, April 19, 2016
Mar 14 2016	Record requested from U.S.C.A. 1st Circuit.
Mar 15 2016	CIRCULATED.
Mar 21 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 28 2016	Reply of petitioner Universal Health Services, Inc. filed. (Distributed)
Apr 6 2016	Record 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 2016	Record 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 2016	Argued. 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 2016	Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 18 2016	JUDGMENT ISSUED
Aug 19 2016	Record from U.S.D.C. District of Massachusetts has been returned.
Aug 19 2016	Record from U.S.C.A. 1st Circuit has been returned.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices met for their February 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)
Opinions

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)
Opinions