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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 […]
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