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Florida Court Overturns $350 Million Judgment on Escobar

By: Vorys, Sater, Seymour and Pease LLP.

In February 2017, a jury in the Middle District of Florida found for a relator in an upcoding case against a nursing home operator, resulting in a total judgment of approximately $350 million.  Yesterday, the presiding judge overturned this judgment, concluding that the “defendants argue persuasively that the relator failed to offer evidence of materiality, defined unambiguously and required emphatically by Universal Health Services, Inc. v. Escobar, 136 S. Ct. 1989 (2016).” Read more.