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Rule 9(b)

Pleading Standards in the Eighth Circuit

By Daniel Miller 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 rel. [...]

Eleventh Circuit Tackles Contentious Rule 9(b) Issue

The Eleventh Circuit recently upheld a whistleblower case despite a lack of specific evidence of intentional fraud. Image source: Wikimedia Commons 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 [...]