Bishop v. Wells Fargo & Co.

This False Claims Act (“FCA”) case returns to us on remand from the United States Supreme Court. The Supreme Court vacated and remanded our earlier opinion, Bishop v. Wells Fargo & Co., 823 F.3d 35 (2d Cir. 2016), in light of the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, — U.S. -, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016). See Bishop v. Wells Fargo & Co., — U.S. -, 137 S.Ct. 1067, 197 L.Ed.2d 169 (2017). Because Escobar set out a materiality standard for FCA claims that has not been applied in the present case, we vacate and remand for further…