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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 necessity for inpatient care. [...]

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

Massachusetts Attorney General Asks First Circuit to Review Pivotal False Claims Act Ruling

While many aspects of the False Claims Act are firmly settled by consistent holdings by federal district and appellate courts, other areas are more grey – including how much weight should be given to the difference between a condition of payment and a condition of participation. In today’s article, we explore the merits of [...]

By | 2018-09-12T16:03:20+00:00 September 23rd, 2014|Healthcare Fraud|

New York District Court Adds to Rule 9(b) Confusion

As we have reported in previous posts, Federal Rule of Civil Procedure 9(b) has emerged as an obstacle in some jurisdictions when applied to the pleadings submitted in False Claims Act cases. In sum, Rule 9(b) imposes heightened specificity requirements in certain federal filings. The rule is often applied in negligence cases, and specifically mentions [...]

By | 2018-09-13T14:09:19+00:00 September 18th, 2014|False Claims Act Legal News|

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|