In November 2015, we published a client advisory on the closely watched AseraCare litigation and its potential impact on the falsity element under the False Claims Act (FCA). AseraCare involves allegations that a hospice admitted patients who were not eligible for the Medicare hospice benefit and examines whether the government must show more than a mere difference between physicians’ opinions regarding a patient’s eligibility to establish falsity under the FCA. The court made a number of significant rulings—the most notable was in October of last year when it reopened summary judgment arguments and vacated a jury award that sided with the government. The court determined it “committed major reversible error in the jury instructions” by failing to instruct the jury that an “objective falsehood”— and not a mere difference of opinion among physicians—is required to establish falsity under the FCA.