United States Fifth Circuit

Materiality is a required element of an action under the civil False Claims Act, but summary judgment in favor of defendants was inappropriate, where defendants' false certification that apartments were compliant with "decent safe and sanitary" standard were material as a matter of law. (Revised opinion)

Appellate Information

• Decided 04/11/2002
• Published 05/22/2002

Judges

• REAVLEY, Circuit Judge:, Before KING, Chief Judge, and REAVLEY, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John S. Koppel,Douglas N. Letter (argued), U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Plaintiff-Appellant., William Bradley Tully, John Robert Hellow, Hooper, Lundy & Bookman, Los Angeles, CA, for Federation of American Hospitals, Amicus Curiae.


• For Appellees:
  
• Alan W. Perry (argued), Roland M. Slover, Forman, Perry, Watkins, Krutz & Tardy, Jackson, MS, for Defendants-Appellees.