How Do You Know When A Term Is Material? It's "Obvious," Says The Eleventh Circuit

Earlier this summer, the Eleventh Circuit issued an opinion in one of the largest False Claims Act (FCA) cases in recent years—at least in terms of recovery—reinstating the majority of a massive $350 million jury verdict. See Ruckh v. Salus Rehabilitation, LLC, 963 F.3d 1089, 1102 (11th Cir. 2020). The decision weighs in on a number of key and emerging FCA issues, including materiality under Escobar and relator standing. While the decision is great news for relators and the government, the Eleventh Circuit's reasoning, especially with regard to Escobar, is less than clear and leaves much open to interpretation.

We at Qui Notes have been following Ruckh and previously reported on the DOJ's amicus brief, which noted the inherent tension between Escobar's materiality analysis and the practicalities of the government's enforcement and payment practices. To recap the facts briefly, a registered nurse and former employee of a skilled nursing facility in Florida brought a