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

Supreme Court of the United States, No. 09-1156, November 12, 2010

U Denver Legal Studies Research Paper No. 10-26

54 Pages Posted: 16 Nov 2010 Last revised: 22 Mar 2012

J. Robert Brown Jr.

University of Denver Sturm College of Law

Date Written: November 16, 2010

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).

Suggested Citation

Brown, J. Robert, Brief for Professors at Law and Business Schools as Amicus Curiae In Support of Respondents, Matrixx v. Siracusano (November 16, 2010). Supreme Court of the United States, No. 09-1156, November 12, 2010; U Denver Legal Studies Research Paper No. 10-26. Available at SSRN: https://ssrn.com/abstract=1710015

J. Robert Brown Jr. (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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