Do whistleblowers have to plead with particularity for every claim?

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Pleading a False Claims Act case can be a tricky exercise, and in defending an FCA case, it is important to know just what the rules are for a whistleblower, and how they can fail to meet them. One of the most common mistakes made by whistleblowers is failing to “plead fraud... Continue Reading →

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United States ex rel. Lusby v. Rolls-Royce Corp.

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570 F.3d 849, 844 (7th Cir. 2009). The Court of Appeals ruled that a whistleblower met Fed.R.Civ.P. 9(b)’s requirement to plead fraud “with particularity,” even where he did not produce actual invoices submitted to the government, where the contract required submission of invoices and the whistleblower alleged false certification of compliance... Continue Reading →

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U.S. ex rel. Stewart v. The Louisiana Clinic

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2002 WL 1066745 (E.D.La. Case No. Civ.A. 99-1767, May 28, 2002). The False Claims Act whistleblower attempted to identify fraudulent schemes with enough detail to meet Fed.R.Civ.P. Rule 9(b)’s requirement that all averments of fraud be plead “with particularity.” However, his complaint identified actions taken by “the defendants,” and did... Continue Reading →

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United States ex rel. Camillo v. Ancilla Systems, Inc.

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2005 WL 1926559 (S.D.Ill. Case No. 03 CV 0024 DRH, Aug. 8, 2005) Defendant Kenneth Hall Regional Hospital, Inc., moved to dismiss the whistleblower’s amended complaint, as it was not an original defendant. As a result, the government had never reviewed the claims against it and made an intervention decision,... Continue Reading →

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United States ex rel. Tucker v. Nayak

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2008 WL 907432, *2 (S.D.Ill. Case No. 06-CV-662-JPG, April 2, 2008) The FCA whistleblower moved to amend her complaint. The Defendant, Dr. Nayak, objected, arguing that amendment was futile as the amendment still failed to plead with the particularity required by Fed.R.Civ.P. 9(b). The Court, reviewing the proposed amended complaint,... Continue Reading →

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United States ex rel. Gross v. AIDS Research Alliance-Chicago

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415 F.3d 601 (7th Cir. 2005) The whistleblower alleged that the Defendants filed a myriad of different “forms, written reports and study results” during the course of a federally-subsidized study. He did not state when the documents were filed, did not specifically identify any of them, and did not allege... Continue Reading →

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False Claims Exposure in Credentialing and Peer Review

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The Federal Government has reinforced its expanded theory of false claim liability for quality matters by settling allegations against a hospital that a physician’s lack of qualifications to perform certain surgical procedures should be considered a false claim, regardless of the patient’s outcome. As part of the settlement, the hospital... Continue Reading →

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A Twenty Year Statute of Limitations?

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Last month the Centers for Medicare & Medicaid Services (CMS) published proposed rules for reporting of overpayments. These proposed rules, if adopted and strictly interpreted, could effectively create a twenty-year statute of limitations under the False Claims Act.... Continue Reading →

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