Stuart Gerson Discusses Supreme Court Ruling on False Claims Act Liability with Law360


Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, was quoted in Law360, in “Attys React to High Court's FCA Liability Ruling,” by Adrianne Reilly. (Read the full version – subscription required.)

Following is an excerpt:

“… One would predict that Universal is going to have an uphill battle — though not be completely defenseless — on the remand and that the government and relator’s lawyers are going to trumpet this case as a genuine victory in that the implied false certification theory has been endorsed in the face of uniform industry opposition. There is some justification for this, but not completely so. The materiality requirement, stringently interpreted, and the fact that the First Circuit’s expansive view was rejected suggest that the game is far from over and that there still are viable defenses, facts allowing, to cases premised upon the implied false certification theory.”

Related Reading:

Law360 (subscription required), 06/17/2016