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Robert L. Bertram, Jr., Bryan S. Wood, Robin G. Peavler, James W. Bottom, and Brian C. Walters v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-6527, 17-6528, 17-6542, 18-5001, 18-5002 · judgment August 20, 2018

Certiorari denied · January 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This Court has repeatedly held that a statement or omission is materially misleading, and thus fraudulent, only if it could influence the targeted decisionmaker. The Sixth Circuit affirmed the petitioners’ fraud convictions, reasoning that “common sense,” not any legal or contractual duty, should have apprised them that failing to flag delayed clinical tests for insurers could mislead a “person of ordinary prudence and comprehension.” Did the court unlawfully affirm convictions on a negligence theory?

Counsel of record

For petitioner
Ricardo J. Bascuas
University of Miami School of Law

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 07 2018
    Waiver of right of respondent United States to respond filed.
  4. Nov 16 2018
    Petition for a writ of certiorari filed. (Response due December 31, 2018)