Brief for Professors at Law and Business Schools as Amicus Curiae In Support of Respondents, Matrixx v. Siracusano

Abstract:     
In Matrixx v. Siracusano, 09-1156, S. Ct., 2010, the Supreme Court took certiorari to consider whether reports of adverse health effects made by persons using a homeopathic drug were only material if statistically significant. This brief, filed by 37 law and business faculty, asserted that the application of a test of statistical significance to adverse event reports would result in a bright-line test for materiality that was inconsistent with the analytical framework first set out in TSC Indus. v. Northway, 426 U.S. 438 (1976) and directly contradicted this Court’s reasoning in Basic v. Levinson, 485 U.S. 224 (1988).

Number of Pages in PDF File: 54

Accepted Paper Series