We are serving as lead counsel to Brookdale Senior Living in a qui tam lawsuit alleging that defendants fraudulently billed Medicare for home health services. The district court dismissed this lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. The Sixth Circuit reversed in a 2-1 decision. A petition for writ of certiorari was filed in November 2018 with the U.S. Supreme Court, which is available here. In March 2019, the high court declined Brookdale’s petition for certiorari without additional comment. Our representation of Brookdale Senior Living in this matter is ongoing.
Law360 provided an in-depth analysis of the case, in the article, “Epic Escobar Split Needs High Court Help: Home Health Co.” (November 20, 2018)
Brookdale Senior Living (NYSE: BKD) is the nation’s largest owner and operator of senior living communities throughout the United States and a leading national provider of senior-related services.