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 […]
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 […]
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 […]
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 […]
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