Publications & Presentations
May 10, 2018

This webinar was previously recorded on May 10, 2018. To hear the recorded version, please click here

Polsinelli Health Care Webinar: Life After Escobar - Recent Developments In False Claims Act Litigation and DOJ Guidance
Thursday May 10, 2018 | 12:00 PM - 1:15 PM CDT

Since the United States Supreme Court 2016 decision in Universal Health Services v. United States ex rel. Escobar (the Escobar decision), the federal government, relators and defendants alike have advanced differing constructions of the materiality requirement under the federal False Claims Act (FCA). This webinar will provide an overview of the court decisions which have followed Escobar, with a focus on how courts have attempted to settle the materiality question. We will also discuss significant developments in FCA litigation, including the government and relators’ focus on cases involving medical necessity, as well as two recent memoranda issued by the Department of Justice addressing the government’s voluntary dismissal of FCA matters, and the prohibition on the use of improper guidance documents when bringing FCA cases.


  • Background on the Supreme Court’s Escobar Decision
  • Federal District and Court of Appeals decisions after Escobar
  • Recent court decisions addressing medical necessity and clinical judgement
  • The DOJ’s Memorandum on voluntary dismissal of FCA cases
  • The DOJ’s Memorandum on improper guidance documents


T. Jeffrey Fitzgerald, Shareholder

Asher D. Funk, Shareholder

Brian F. McEvoy, Shareholder