Topic
Materiality
117 published works
Securities Law Prof Blog
Loewenstein on Materiality
Mark Loewenstein has posted Thinking Fast and Slow About the Concept of Materiality on SSRN with the following abstract:Determining whether, for securities law purposes, a misrepresentation or omission is material raises…
Organizational Integrity Group Blog
Materiality Part IV: Labels Matter, But Not As Much As They Used To
Before Escobar, some courts held that implied certification cases could survive a motion to dismiss only if the statute, regulation, or contractual provision that was allegedly violated was a “condition…
Health Law Diagnosis
Supreme Court Order Indicates Interest in Reviewing Campie, the False Claims Act Outlier of the Ninth Circuit
By Conor Duffy
In an order issued on April 16, 2018, the U.S. Supreme Court invited the Solicitor General to file a brief “expressing the views of the United States” concerning the 2017…
Administrative and Regulatory
Materiality Part III: It Is Not Enough That The Government <I>Could</I> Refuse Payment—The Question Is Whether The Government <I>Would</I> Refuse Payment
In Part II of our series, we discussed government knowledge. When the government knows of a claim’s falsity, but nevertheless pays the claim, the falsity of the claim is not…
Organizational Integrity Group Blog
Materiality Part III: It Is Not Enough That The Government Could Refuse Payment—The Question Is Whether The Government Would Refuse Payment
In Part II of our series, we discussed government knowledge. When the government knows of a claim’s falsity, but nevertheless pays the claim, the falsity of the claim is not…
Corporate and Securities Law
Delaware Supreme Court Finds Failure to Disclose Director Dissent in M&A Transaction Material
Healthcare Law Blog
Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility
A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel.…
The Contractor's Perspective
After Escobar, materiality matters
By Steven A. Neeley, Brian Waagner
Contractors are now familiar with the Supreme Court’s June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar [PDF]. That decision recognizes False Claims Act liability…
Life Sciences Legal Update
Florida Court is Latest to Vacate FCA Judgment
As covered in “Court Overturns $350 Million Judgment in FCA Case: Materiality, Scienter, and Causation Standards Preclude Liability by “’Zaps, Traps, and Zingers’”, Andy Bernasconi discusses a recent case, in…
Health Law Rx
Florida Federal Court: Escobar Requires Reversal of $348 Million False Claims Act Jury Verdict
The United States District Court for the Middle District of Florida vacated a large jury verdict in a False Claims Act case against the owners and operators of nursing homes…