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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 […]
December 8, 2014 Healthcare Fraud

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 […]
October 21, 2014 Omnicare

Understanding the Third Circuit’s Foglia Pleading Standard in False Claims Act Cases

When it comes to False Claims Act litigation, one of the most hotly-contested issues surrounds the standards for pleading a claim with specificity. As we have reported in the past, the federal circuit courts are decidedly split on the issue, with several requiring an extremely intensive, fact-specific pleading standard alleging […]
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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