The courts appear to be walking back their trend toward loosening False Claims Act (“FCA”) pleading requirements. The FCA is a fraud statute, and lawsuits alleging FCA violations must be pled under Rule 9(b) of the Federal Rules of Civil Procedure: Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake,... Continue Reading →Tags: Bledsoe, Clausen, False Claims Act, fraud with particularity, Hirt, Jallali, Mastej, Prather, Rule 9(b), Walgreen
The Federal District Court for the Middle District of Florida appears to have rejected recent direction from the Eleventh Circuit Court of Appeal to deny a motion to dismiss in a False Claims Act case. In United States ex rel. Napoli et al. v. Premier Hospitalists PL, et al. the... Continue Reading →Tags: Clausen, False Claims Act, FCA, fraud, fraud with particularity, Jallali, Mastej, Napoli, Premier Hospitalists, Rule 9
290 F.3d 1301, (11th Cir. 2002). To adequately plead a False Claims Act case under Fed.R.Civ.P. 9(b), a whistleblower may not merely plead a scheme to defraud. Rather, they whistleblower must plead and identify actual claims which are false. For more information, please contact David B. Honig at dhonig@hallrender.com or... Continue Reading →Tags: actual claim, Clausen, False Claims Act, FCA, Federal Rules of Civil Procedure, fraud with particularity, Laboratory Corporation of America, Rule 9(b)