No. 19-7729

Aaron New v. United States

Lower Court: Ninth Circuit
Docketed: 2020-02-21
Status: Denied
Type: IFP
IFP
Tags: circuit-split false-claims-act judicial-interpretation legal-standard materiality materiality-standard objective-standard subjective-standard supreme-court-precedent united-states-v-gaudin universal-health-services-v-escobar
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2020-05-28
Related Cases: 19-7361 (Vide) 19-7368 (Vide)
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-08
Reply of petitioner Aaron New filed. (Distributed)
2020-04-17
Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2020.
2020-04-16
Motion to extend the time to file a response from April 22, 2020 to April 24, 2020, submitted to The Clerk.
2020-03-23
Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
2020-03-23
Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2020.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Aaron New
Barry L. MorrisAttorney at Law, Petitioner
Barry L. MorrisAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent