The Situation: In March 2020, the Third and Ninth Circuits held, in two cases in which the government had declined to intervene, that a mere difference of medical opinion may be enough to satisfy the falsity element of the...more
The Background: In early December, the Supreme Court denied a whistleblower's request to review the Fifth Circuit's affirmance of the district court's dismissal of a False Claims Act ("FCA") case. This denial left the...more
The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more
4/26/2019
/ Causation ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Denial of Certiorari ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Injury-in-Fact ,
Predominance Requirement ,
Property Damage ,
SCOTUS ,
Strict Product Liability