Federal Rule of Civil Procedure 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 necessity for inpatient care. [...]

By |2022-04-20T10:44:52-04:00December 10th, 2014|Rule 9(b)|

California Court Dismisses Whistleblower Lawsuit Due to Insufficient Facts in Complaint

In the context of False Claims Act lawsuits, there is much to be said about the initial complaint stage. As you recall, Circuit Courts of Appeal are split as to the level of specificity required for a False Claims Act filing. Some courts have concluded that Federal Rule of Civil Procedure 9(b) (hereinafter, “Rule [...]

By |2019-02-19T16:33:26-05:00December 8th, 2014|Healthcare Fraud|

Third Circuit Addresses Ongoing Pleadings Issue – Adopts Less Stringent Standard

When it comes to filing a complaint under the False Claims Act, there exists a split in the law over the level of specificity required in the factual allegations. The issue, which is considered ripe for Supreme Court review, has sharply divided the federal Circuit Courts and has resulted in an uneven and unpredictable application [...]

By |2022-05-24T02:24:07-04:00July 3rd, 2014|False Claims Act Legal News|

U.S. Solicitor General Explains the Inapplicability of Rule 9(b) in the False Claims Act

As we reported yesterday, the U.S. Solicitor General, upon request by the Supreme Court, submitted its amicus curiae brief in the hotly-contested False Claims Act case Nathan v. Takeda Pharmaceuticals. As a bit of background, this case involves the practice of off-label marketing, which occurs when a drug company promotes a product for the treatment [...]

By |2019-05-06T12:05:43-04:00March 13th, 2014|False Claims Act Legal News|

Filing Reveals Solicitor General’s Opinion of Government Involvement in Off-Label Marketing

As we have reported in the past, the U.S. Circuit Courts are split on several issues involving the federal False Claims Act. One of the most divisive issues facing the courts today involves the application of Federal Rule of Civil Procedure 9(b). Rule 9(b) requires heightened pleading requirements for plaintiffs submitting complaints alleging fraud. About [...]

By |2019-04-04T14:36:32-04:00March 12th, 2014|Healthcare Fraud|