Articles and Blogs

The U.S. Court of Appeals for the Second Circuit (the “Court”) recently ruled that a False Claims Act (“FCA”) relator can satisfy Rule 9(b) without identifying every false claim underlying an alleged fraudulent scheme—but left open whether Rule 9(b) applies to certain reverse FCA claims at all. In United States ex rel. Gallian v.... READ MORE

Hospitals and health care systems that successfully defend against frivolous FCA actions may oftentimes recover fees and expenses incurred as part of their defense. Recently, however, the United States District Court for the District of Utah broadly connected this “frivolous” standard with Rule 9(b)’s pleading requirements—a decision that may stave off whistleblowers who have... READ MORE

Pleading a False Claims Act case can be a tricky exercise, and in defending an FCA case, it is important to know just what the rules are for a whistleblower, and how they can fail to meet them. One of the most common mistakes made by whistleblowers is failing to “plead fraud with particularity,” a requirement... READ MORE