No. 19-1149

UPMC, et al. v. United States, ex rel. J. William Bookwalter, III, et al.

Lower Court: Third Circuit
Docketed: 2020-03-19
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: ambiguity civil-penalty civil-procedure false-claims-act knowledge knowledge-standard pleading-standard regulatory-ambiguity regulatory-provision scienter treble-damages
Key Terms:
SocialSecurity
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to suggest the defendant had knowledge that it was in violation of an ambiguous regulatory provision

Question Presented (OCR Extract)

QUESTION PRESENTED The False Claims Act, 31 U.S.C. § 3729(a)(1)(A), imposes treble damages and a per-claim civil penalty on any person who “knowingly presents, or causes to be presented, a false or fraudulent claim” seeking payment from the United States. The question presented is: Whether a plaintiff plausibly alleges scienter—that a defendant knowingly submitted false claims—when the plaintiff does not allege any facts to suggest the defendant had knowledge that it was in violation of an ambiguous regulatory provision. (i)

Docket Entries

2020-04-27
Petition DENIED.
2020-04-13
Brief amici curiae of American Hospital Association, Association of American Medical Colleges, Federation of American Hospitals, Hospital and Healthsystem Association of Pennsylvania, and New Jersey Hospital Association filed. (Distributed)
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-01
Waiver of right of respondent United States, ex rel. J. William Bookwalter, III, M.D., et al. to respond filed.
2020-03-19
Petition for a writ of certiorari filed. (Response due April 20, 2020)

Attorneys

American Hospital Association, Association of American Medical Colleges, Federation of American Hospitals, Hospital and Healthsystem Association of Pennsylvania, and New Jersey Hospital Association
Chad Ian GolderMunger, Tolles & Olson LLP, Amicus
Chad Ian GolderMunger, Tolles & Olson LLP, Amicus
United States, ex rel. J. William Bookwalter, III, M.D., et al.
G, Mark SimpsonSimpson Law Firm, LLC, Respondent
G, Mark SimpsonSimpson Law Firm, LLC, Respondent
UPMC, et al.
Jessica Lynn EllsworthHogan Lovells US, LLP, Petitioner
Jessica Lynn EllsworthHogan Lovells US, LLP, Petitioner