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)
- Court to rule on Puerto Rico debt-relief options (Lyle Denniston, December 4, 2015)
| 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. |
