Do whistleblowers have to plead with particularity for every claim?

Posted on June 22, 2012 in Case Analysis

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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 →

Tags: Camillo, False Claims Act, FCA, Fowler, fraud with particularity, Gross, Nayak, Rolls-Royce, Rule 9(b), whistleblower

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United States ex rel. Tucker v. Nayak

Posted on June 21, 2012 in Case Cites

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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 →

Tags: David Honig, False Claims Act, FCA, fraud with particularity, Hall Render, Nayak, Rule 9(b)

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