Boisjoly v. Morton Thiokol, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an engineering judgment and recommendation “is clearly not a statement of fact that can be said to be either true or false, and thus cannot form the basis of an FCA claim”
• finding that the FCA requires a statement of fact that can be said to be either true or false
• noting that civil conspiracy \cannot be maintained in a suit involving a single defendant where the same underlying torts are also asserted by separate counts against the same defendant\
• noting that civil conspiracy “cannot be maintained in a suit involving a single defendant where the same underlying torts are also asserted by separate counts against the same defendant”
• holding that “an engineering judgment and recommendation to NASA in regard to the implication of launching at temperatures colder than previously experienced ... [is] not a statement of fact that can be said to be true or false, and thus cannot form the basis of an FCA claim”
• noting that the government’s complaint failed to satisfy the falsity element under the FCA when “the complaint itself [alleged the government’s] knowledge of the claimed defects in the same sentences in which those defects [were] identified”

Source: CourtListener parenthetical corpus (CC0).