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· 10/7/2013

Sturkey v. McCall

Citations

  • 134 S. Ct. 115
  • 187 L. Ed. 2d 84
  • 82 U.S.L.W. 3181
  • 571 U.S. 849
  • 2013 WL 2289970
  • 2013 U.S. LEXIS 5994

How courts have described this case

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

  • explaining that “an FCA action is available on an implied certification theory even absent an express designation as a condition of payment, where the requirement plainly satisfies materiality”
  • remanding case in light of an intervening Supreme Court opinion, including for consideration of whether to allow the plaintiffs to file a second amended complaint
  • acknowledging the applicability of a fraudulent inducement theory where “the original fraud . . . influenced the Government’s decision to enter into a particular contract at a particular price”
  • “Under Rule 9(b) allegations of fraud must include facts as to time, place, and substance of the defendant's alleged fraud.”
  • “[S]ubsequent claims are false ‘because of an original fraud (whether a certification or otherwise).’”
  • “At common law, fraud has long encompassed certain misrepresentations by omission.” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).

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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.