Credit: Andrey Popov/Adobe Stock 10th Circuit Applies 'Demanding' Materiality Standard to FCA False-Certification Claim
Relying on "the demanding materiality standard set out by the Supreme Court" in its 2016 'Escobar' decision, the appellate court affirmed the district court's dismissal and emphasized the high bar that FCA plaintiffs face in pleading false-certification claims."
October 11, 2022 at 10:00 AM
6 minute read
White Collar Crime
In United States ex rel. Sorenson v. Wadsworth Brothers Construction Co., the U.S. Court of Appeals for the Tenth Circuit took up the dismissal of a complaint raising a so-called "false-certification" theory of liability under the False Claims Act. Relying on "the demanding materiality standard set out by the Supreme Court" in its 2016 Escobar decision, the appellate court affirmed the 
district court's dismissal and emphasized the high bar that FCA plaintiffs face in pleading false-certification claims.
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