415 F.3d 601 (7^th Cir. 2005)

The whistleblower alleged that the Defendants filed a myriad of different “forms, written reports and study results” during the course of a federally-subsidized study. He did not state when the documents were filed, did not specifically identify any of them, and did not allege how any were related to payments. The Court ruled the complaint did not satisfy “the who, what, when, where, and how” requirement for pleading fraud under Federal Rule of Civil Procedure 9(b).

The whistleblower also failed to allege that the certifications of regulatory compliance found in the forms was a condition of payment. On that basis, the Court affirmed dismissal pursuant to Fed.R.Civ.P. 12(b)(6), failure to state a claim upon which relief could be granted.

Defendant Catholic Health Partners was represented by David Honig, of Hall, Render, Killian, Heath & Lyman.

For more information, please contact David B. Honig at dhonig@hallrender.com or (317) 977-1447.