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Rule 9(b)

Eleventh Circuit Tackles Contentious Rule 9(b) Issue

The Eleventh Circuit recently upheld a whistleblower case despite a lack of specific evidence of intentional fraud. Image source: Wikimedia Commons 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 [...]

By | 2018-03-25T16:16:07+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|

Eighth Circuit Court of Appeals Affirms Dismissal of False Claims Act Case

The federal Circuit Courts are sharply split over whether certain civil procedure pleading rules apply to cases filed under the False Claims Act.Image source: ConstructionConnection.com The False Claims Act is a federal statute and lawsuits filed thereunder are subject to the Federal Rules of Civil Procedure. These Rules are used to govern the [...]

By | 2014-01-24T14:05:00+00:00 January 24th, 2014|False Claims Act Legal News|