Key Points - Recently three circuit courts have considered when opinions can be false under the FCA. - Although the circuits disagree regarding whether plaintiff must establish “objective falsity” to assert an FCA...more
One year ago today, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015), the Supreme Court created a new test for opinion liability under Section 11 of the Securities Act,...more