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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 | 2018-09-11T12:49:29+00:00 December 10th, 2014|Rule 9(b)|

Third Circuit Addresses Ongoing Pleadings Issue – Adopts Less Stringent Standard

The Third Circuit recently joined the ranks of the Fourth, Sixth, Eighth, and Eleventh circuits in holding that Rule 9(b) only requires pleading the “particular details” of a case that would cause one to draw an inference of fraud – as opposed to the more strict pleadings standards held by other circuit courts. [...]

By | 2018-03-27T08:40:54+00:00 July 3rd, 2014|False Claims Act Legal News|

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

The U.S. Supreme Court is expected to issue a ruling on Nathan v. Takeda once oral arguments conclude. Image source: Wikimedia Commons 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 [...]

By | 2018-03-25T14:59:58+00:00 March 13th, 2014|False Claims Act Legal News, Healthcare Fraud|

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 | 2018-09-13T12:21:33+00:00 March 12th, 2014|Healthcare Fraud|