|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-7||1st Cir.||Apr 19, 2016||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 |
|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.|
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