Brief for Professors at Law and Business Schools as Amicus Curiae In Support of Respondents, Matrixx v. Siracusano
J. Robert Brown Jr.
University of Denver Sturm College of Law
November 16, 2010
Supreme Court of the United States, No. 09-1156, November 12, 2010
U Denver Legal Studies Research Paper No. 10-26
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
Date posted: November 16, 2010 ; Last revised: March 22, 2012