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. Lusby v. Rolls-Royce Corp.

Posted on June 21, 2012 in Case Cites

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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 →

Tags: False Claims Act, FCA, fraud wtih paticularity, Lusby, Rolls-Royce, Rule 9(b)

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