High Court Won’t Hear Actual Deception Issue in Kidney Test Row

The US Supreme Court Monday declined to take up a dispute between kidney-transplant test makers over whether a jury finding of literal falsity is enough to infer actual deception for damages.

CareDx Inc. urged the court to take the case because of a circuit split over whether juries can infer consumer deception and reliance after finding that a defendant conducted a deliberately false campaign. The company said the First, Second, Sixth, Eighth, Ninth, and DC circuits allow such an inference, and only the Third doesn’t.

The petition arose after the US Court of Appeals for the Third Circuit rejected a ...