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Materiality: A Needed Return To Basics In False Claims Act Liability, Monica P. Navarro
Materiality: A Needed Return To Basics In False Claims Act Liability, Monica P. Navarro
Monica P. Navarro
This article discusses the creation and failures of the express and implied certification constructs developed by federal courts to analyze falsity under the False Claims Act and advocates for the retirement of these judicial constructs in favor of the adoption of a materiality regime for deciding falsity under the Act.