· 1/25/2005
US Ex Rel. Ervin and Assoc. v. Hamilton SEC.
Citations
- 370 F. Supp. 2d 18
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a contractor which submitted false statements related to a note sale had a duty to discover potential errors before submitting to the government
- recognizing that the materiality of a false record or statement is an element of False Claims Act liability
- false representation under FCA includes “failure to disclose information only where the defendant had a legal obligation to disclose the omitted information”
- “[A] relator must sustain its burden of proving . . . [they are] the original source.”
- “The great weight of case law holds that the materiality of a false record or statement is an element of False Claims Act liability.”
- discussing the elements of a material false statements claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Oberdorfer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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