Nondisclosure Liability

Henley v. Biloxi H.M.A., L.L.C., No. 20-60991 (Aug. 31, 2022), presented a thorny issue about tort liability for nondisclosure; here, certain information about rates charged by health-care providers. Applying the relevant Restatement provisions, the Fifth Circuit rejected the district court’s distinction between “basic” and “material” facts, and reversed the dismissal of the nondisclosure claim under Rule 12(b)(6).No. 20-60991 (Aug. 31, 2022).