Ackerman v. Northwestern Mut. Life Ins. Co.

Posted on June 21, 2012 in Case Cites

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172 F.3d 467, cert. denied 528 U.S. 874, 120 S.Ct. 178, 145 L.Ed.2d 151, 68 USLW 3080, 68 USLW 3196, 68 USLW 3228 (U.S. Oct 04, 1999). The purpose of Federal Rules of Civil Procedure Rule 9(b), which requires that fraud be plead “with particularity,” is not, as some say, to give... Continue Reading →

Tags: Fed.R.Civ.P., Federal Rules of Civil Procedure, fraud, fraud with particularity, Rule 9(b)

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FISHING LICENSES DENIED: DEVELOPING TREND IN FALSE CLAIMS ACT LITIGATION

Posted on December 2, 2005 in Legal Updates

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I.          Introduction A clear trend is emerging in False Claims Act cases to limit qui tam relators’ discovery to the specific allegations found in their complaints.  This represents a sea change in the way these cases proceed, and makes the False Claims Act far less attractive to plaintiffs’ attorneys.  ... Continue Reading →

Tags: discovery, False Claims Act, fraud with particularity, limit, Rule 9(b)

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Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

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On April 7, 2004, we told you about the Northern District of Illinois’ dismissal of a whistleblower’s case against Catholic Health Partners. On July 6, 2005, the Seventh Circuit Court of Appeals affirmed the dismissal with prejudice. The appellate court found that the whistleblower did not show that any action... Continue Reading →

Tags: dismissal, False Claims Act, fraud with particularity, jurisdiction, material, materiality, motion to dismiss, original source, qui tam, relator, Rule 9(b), whistleblower

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Case Dismissed!

Posted on April 7, 2004 in Case Analysis

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On April 7, 2004, the District Court for the Northern District of Illinois dismissed a whistleblower’s complaint against Catholic Health Alliance and other Defendants. The Court never even needed to consider the allegations behind the whistleblower’s lawsuit. The case against Catholic Health Alliance was dismissed because the whistleblower was not... Continue Reading →

Tags: dismissed, False Claims Act, FCA, fraud with particulariy, Gross, Northern District of Illinois, original source, public disclosure, Rule 9(b), Seventh Circuit, subject matter jurisdiction

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