We served as lead counsel representing an emergency department provider and other defendants in a qui tam lawsuit alleging that violation of licensure laws caused
submission of false claims. The district court dismissed the allegations against the emergency department provider on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s Escobar decision. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020).
The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).