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Did the Ninth Circuit's opinion contradict this Court's holding in Universal Health Services, Inc. v. United States ex rel. Escobar 136 S. Ct. 1989 (2016) that a decision-maker's behavior is relevant to determine whether a false statement is material?
Questions Presented 1. Did the Ninth Circuit’s opinion contradict this Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar 136 S. Ct. 1989 (2016) that a decision-maker’s behavior is relevant to determine whether a false statement is material? 2. Are the Circuits split on whether to apply a subjective standard, as described in United States v Gaudin, 515 U.S. 506 (1995) and Escobar, supra. or an objective standard used by the Ninth Circuit to make materiality determinations?