Free Consultation (800) 424-6690 Free Consultation (800) 424-6690 | [email protected]

Newsroom Search

featured news

October 2, 2017 Rule 9(b)

False and Misleading Statements by Omission Can Be Actionable Under the False Claims Act

In bringing a claim under the False Claims Act (“FCA”), typically there are some sort of false or fraudulent statements made to the government. See 31 U.S.C. § 3729(a)(1)(A), (B). However, it should be noted that FCA claims may be committed by an affirmative misrepresentation or omission. See Universal Health […]
March 15, 2017 Rule 9(b)

Pleading Standards in the Eighth Circuit

Federal Rule of Civil Procedure Rule 9(b) Relators in qui tam cases under the False Claims Act (“FCA”) face considerable challenges in meeting pleading requirements in many circuits, including the 8th Circuit. The Rule 9(b) standard in the Eighth Circuit is well described by the Court in United States ex […]
March 4, 2015 Rule 9(b)

UPDATE: Federal Court Dismisses Six Affirmative Defenses in Lance Armstrong False Claims Act Lawsuit

The federal False Claims Act can apply to just about any act of fraud involving taxpayer dollars, including the systematic abuse of government funds at the hands of a wayward cycling team – headed by none other than the disgraced former Tour de France champion Lance Armstrong. In 2013, a […]
December 10, 2014 Rule 9(b)

Eleventh Circuit Tackles Contentious Rule 9(b) Issue

As we have reported in a previous post, Florida-based Health Management Associates, Inc. is facing extreme liability under the False Claims Act stemming from allegations that emergency room physicians were offered kickbacks and financial incentives for admitting a certain number of patients per day – notwithstanding the lack of medical […]
September 25, 2014 Rule 9(b)

Eighth Circuit Adds to Rule 9(b) Confusion in Thayer v. Planned Parenthood of the Heartland

If you’ve been following along, you’ll know that the federal Courts of Appeal are engaged in a near-even split with regard to the applicability of Federal Rule of Civil Procedure 9(b) in the False Claims Act context. In general, a civil plaintiff must set forth general facts in a complaint […]
schedule a free consultation

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

in Settlements & Verdicts
Years of High-Profile Cases
Attorneys Protecting Your Rights
Named “Trial Lawyer of the Year”
States in Which The Firm Has Successfully Litigated Cases

On the Cutting Edge of the Profession

Legal Intelligencer