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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 former teammate of Armstrong’s [...]

By | 2019-02-18T15:20:19+00:00 March 4th, 2015|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)|

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 dates, times, dollar amounts, [...]

By | 2019-02-18T14:58:40+00:00 October 21st, 2014|Omnicare|

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

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 | 2018-10-04T15:39:50+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

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 | 2019-02-18T14:40:20+00:00 March 13th, 2014|False Claims Act Legal News|