On Tuesday, the Supreme Court granted the relators’ petition for
certiorari, vacated the judgment below, and remanded (“GVR’d”) in Bishop v. Wells Fargo & Co., No.
16-578, with instructions for the Second Circuit to reconsider its
decision in light of the Supreme Court’s decision in Escobar. As we explained
last November, the Second Circuit, following its precedent in Mikes v. Straus, 274 F.3d 687 (2d
Cir. 2001), had concluded that a general certification of compliance with
banking regulations was not an express certification of compliance with a specific statute, and that because the relevant regulations did not state that compliance was a precondition of payment they could not form the basis of an implied certification FCA claim.