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).


Amicus Brief