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Third Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split Again

On October 17, the U.S. Supreme Court summarily denied three petitions asking the Court to resolve a growing circuit split on the application of Federal Rule of Civil Procedure 9(b) in False Claims Act lawsuits....more

United States Says No Supreme Court Review Needed in False Claims Act Cases

Last week, we posted about the U.S. Supreme Court’s request for input from the Solicitor General on how False Claim Act complaints should be reviewed by courts. Currently, the plaintiff-relators in two cases—U.S. ex rel....more

Supreme Court Taking Hard Look at Rule 9(b) Standard

Earlier this week, the U.S. Supreme Court solicited input from the Department of Justice (DOJ) regarding the scrutiny with which courts should view False Claims Act complaints—particularly those filed by private...more

Recent Developments in False Claims Act Pleading Standards

The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these...more

Recent Developments in FCA Pleading Standards – Part Two

This is the second post of a two-part discussion of FCA pleading standards and discusses the pleading requirements for connecting a fraudulent scheme to the submission of false claims. Read our previous post on the...more

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