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When the Supreme Court decided Loper Bright Enterprises v. Raimondo in June 2024, health care fraud was not foremost on anyone’s mind.
By Joan H. Krause [Cross-posted from L3: Long Leaf Law Blog] In Universal Health Services v. United States ex rel. Escobar (UHS), the Supreme Court upheld the Civil False Claims Act (FCA) theory of “implied…
By Joan H. Krause [Cross-posted from Hamilton and Griffin On Rights] On June 17, the Supreme Court unanimously decided Universal Health Services v. United States ex rel. Escobar (UHS), holding that FCA cases may be…
By Joan H. Krause [Cross-posted from Hamilton and Griffin On Rights] In a recent post, I explained the contours of the False Claims Act (FCA) implied certification theory of falsity, the subject of the recent…
By Joan H. Krause [Cross-posted from Hamilton and Griffin on Rights] Sometimes, we lie when we speak; other times, we lie when we don’t. Striking the right balance is the essence of the Universal Health…
By Joan H. Krause The latest development in the simmering war over off-label drug promotion came on March 8, when Amarin Pharma reached a proposed settlement with the FDA that would allow the company to…
By Joan H. Krause [Cross-posted from Hamilton and Griffin on Rights] The long-awaited and much-debated opinion in King v. Burwell is here. In an opinion written by Chief Justice Roberts – who almost single-handedly saved…
By Joan H. Krause [Cross-posted at HealthLawProf Blog] Whether it be a social media campaign to convince a company to provide an experimental anti-viral drug to a young cancer patient suffering from a life-threatening infection…
By Joan H. Krause[Cross-posted at HealthLawProf Blog] In a prior post, I discussed the Seventh Circuit’s decision in United States v. Nayak, one of the first major “honest services” mail and wire fraud cases to arise since the Supreme Court decidedSkilling…
By Joan H. Krause[Cross-posted at HealthLawProf Blog] Since the early 1900’s, the federal mail and wire fraud statutes have been applied to schemes to defraud victims not just of money or property, but also of…
