Greed and Creative Pleading: A Formula for Dismissal Under the FCA

Posted on April 7, 2020 in FCA

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On July 5, 2019, the United States Court of Appeals, District of Columbia Circuit issued an opinion enforcing Supreme Court precedent that the False Claims Act (“FCA”) should be reserved for true fraud against the government—not “garden-variety regulatory violations.” In U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corp., the D.C.... Continue Reading →

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One Is Not Enough: Court Clarifies Whistleblower’s Burden in High Volume FCA Action

Posted on April 7, 2020 in FCA

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The Southern District of Indiana recently held that a whistleblower must present sufficient evidence to support each alleged false claim, not just one, to survive summary judgment.[1] This holding is a win for FCA defendants that deal in a high volume of claims submitted to the government—like hospitals—and requires whistleblowers to identify... Continue Reading →

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Ninth Circuit Shuts Down “Objective Falsehood” Pleading Requirement Under the FCA

Posted on April 7, 2020 in Uncategorized

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An accepted doctrine of FCA pleading requires whistleblowers or the Government to assert an “objective falsehood” in their complaints. Last week, the Ninth Circuit nixed the requirement. The Ninth Circuit reversed a district court’s dismissal tied to a failure to plead an objective falsehood under FCA. The Court held that... Continue Reading →

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Second Circuit Falls in Line for FCA Pleading Requirements

Posted on October 9, 2017 in False Certification, Legal Updates, Materiality

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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)

Posted on December 4, 2014 in Anti-Kickback Statute, Case Analysis, Litigation Handbook, Rule 9(b)

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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 = ?

Posted on June 25, 2012 in Legal Updates

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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

Posted on June 25, 2012 in Case Cites

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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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