Universal Health Servs., Inc. v. United States ex rel. Escobar (U.S. Supreme Court)

The First Circuit denied petitioner’s motion to dismiss a False Claims Act complaint that rested on an “implied certification” theory of liability. On behalf of CTIA—The Wireless Association®, we filed an amicus brief supporting the petitioner, arguing that implied-certification liability is unavailable under the FCA and that if the Court were to recognize any form of implied-certification liability, it would be essential for the Court to reaffirm that FCA relators must plead their claims with the particularity required by Federal Rule of Civil Procedure 9(b).