Ken Yeadon Discusses the Impact of the SCOTUS Escobar Ruling, Two Years On
Hinshaw partner Ken Yeadon—former Assistant U.S. Attorney and a former U.S. Securities and Exchange Commission (SEC) enforcement attorney—spoke with Law360 about the impact of the SCOTUS decision in Universal Health Services v. Escobar on the False Claims Act (FCA) in an article titled "Attys Reflect on Escobar's FCA Impact 2 Years Later." The article features attorney analysis regarding the impact of the Escobar decision.
Yeadon said that, "One of the benefits of Escobar for defendants is the emphasis, yet again, that the FCA requires a false claim. Plaintiffs will not satisfy the requirement of a 'false claim' by arguing that a claim that is not false on its face is nonetheless still false because the claim misrepresents whether the defendant was legally entitled to a Medicare payment."
Read "Attys Reflect on Escobar's FCA Impact 2 Years Later," on the Law360 website (subscription may be required)