· 5/10/2023
In Re: Commitment of Timothy Lynn Loving, Jr. v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the focus of the FCA’s scienter element is a defendant’s “knowledge and subjective beliefs,” not “what an objectively reasonable person may have known or believed”
- stating that these are “two essential elements” of a False Claims Act violation
- cautioning against “read[ing] a footnote” in an opinion to “establish the general rule” for a line of cases
- cautioning against “read[ing] a footnote” to “establish the general rule” for a class of cases
- noting the focus is on a defendant’s actual knowledge at the time the alleged false claim was submitted
- “The FCA’s scienter element refers to respondents’ knowledge and subjective beliefs—not to what an objectively reasonable person may have known or believed.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.