Benjamin Gillig (Summer Associate)

13 July 2016

In Post-Escobar Decision, Seventh Circuit Suggests Tough Hurdle for Establishing Knowledge Where Underlying Statutory Obligations Are Ambiguous

In its first post-Escobar FCA opinion, the Seventh Circuit affirmed summary judgment in favor of defendants in United States ex rel. Sheet Metal Workers Int’l Assoc. v. Horning Investments, LLC, No. 15-1004 (7th Cir. July 7, 2016), and in doing so suggested that there is a high bar for establishing that defendants acted with the requisite knowledge when the claim is that they falsely certified compliance with an ambiguous underlying law.


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