U.S. v. PAULUS

No. 17-5410.

894 F.3d 267 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. Richard E. PAULUS, M.D., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 25, 2018.


Attorney(s) appearing for the Case

ARGUED: David M. Lieberman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Robert S. Bennett , HOGAN LOVELLS US LLP, Washington, D.C., for Appellee. ON BRIEF: David M. Lieberman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Charles P. Wisdom, Jr. , Kate K. Smith , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellant. Robert S. Bennett , Michael P. Kelly , Hilary H. LoCicero , HOGAN LOVELLS US LLP, Washington, D.C., C. David Mussetter , MUSSETTER LAW OFFICE, Catlettsburg, Kentucky, for Appellee. Andrew George , BAKER BOTTS L.L.P., Washington, D.C., Nicholas Bourtin , SULLIVAN & CROMWELL LLP, New York, New York, James F. Segroves , HOOPER, LUNDY & BOOKMAN, PC, Washington, D.C., for Amici Curiae.

Before: BATCHELDER, McKEAGUE, and GRIFFIN, Circuit Judges.


OPINION

Mark Twain once quipped that "there are three kinds of falsehood: lies, damnable lies, and statistics." Dr. Paulus begs to differ and insists that certain statistical estimations cannot be false. As a cardiologist, Paulus interpreted hundreds of angiograms — specialized x-rays that approximate how...

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