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Will Supreme Court Address Widening Split on FCA Implied Certification Liability?


On June 5, 2015, defense contractor Triple Canopy filed a petition for writ of certiorari calling on the Supreme Court to address the scope of the implied certification theory of FCA liability. As Crowell & Moring attorneys explain in their Feature Comment published in The Government Contractor (article available here), the Supreme Court will likely address the issue in the near future because of the current circuit split and the outcome-determinative nature of the application of the theory in FCA cases.

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