Second Circuit Falls in Line for FCA Pleading Requirements

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On September 7, 2017, the Second Circuit realigned its stance on false certifications under the False Claims Act (“FCA”) in light of the Supreme Court’s decisions in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016). BACKGROUND In the initial action, relators brought a qui... Continue Reading →

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Seventh Circuit: “Information and Belief” Insufficient under 9(b)

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal  of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase  with clarity and... Continue Reading →

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FCA – ACA = ?

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This Thursday, June 28, 2012, the United States Supreme Court will decide the fate of the Patient Protection and Affordable Care Act, aka “Obamacare.” In so doing, it may also make significant changes in one of the newest and most complicated amendments the False Claims Act, with results that are... Continue Reading →

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Bell Atlantic v. Twombley

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550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) In an anti-trust case in which the Court evaluated the appropriate standard for courts to apply when considering motion to dismiss, it rejected the old and troublesome “no set of facts” standard that required courts to deny motions to dismiss unless... Continue Reading →

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