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	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

Opinion analysis: Justices chart their own path in narrowing recovery for implied fraud under the False Claims Act (Ronald Mann, June 16, 2016)
Argument analysis: Justices display disparate views on implied fraud under False Claims Act (Ronald Mann, April 20, 2016)
Argument preview: Justices to consider whether False Claims Act permits qui tam suits for “implied” falsehood (Ronald Mann, April 12, 2016)
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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.

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Universal Health Services v. United States ex rel. Escobar

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