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Fraud Federal Rules of Civil Procedure

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Bradley Arant Boult Cummings LLP

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more

Zelle  LLP

Court Enforces Pleading Standards and Dismisses Bad Faith Allegations

Zelle LLP on

In Fif Engineering, LLC v. Pacific Employers Ins. Co., No. 24-665, 2025 WL 593384 (S.D. Tex. Feb. 24, 2025), a United States District Court for the Southern District of Texas, Houston Division, granted an insurer’s motion to...more

Esquire Deposition Solutions, LLC

AI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more

Foley & Lardner LLP

Ninth Circuit Precedent Limits Fraud-Based Label Claims

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It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal...more

Foley & Lardner LLP

Sixth Circuit: Reliance Can Bar Class Certification Even if Not Express Element of Consumer Statutory Claim

Foley & Lardner LLP on

Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Arnall Golden Gregory LLP

Wave of the Future: Are AI and Data Mining the Next Generation of “Professional Whistleblowers”?

In the realm of False Claims Act (“FCA”) litigation, the emergence of artificial intelligence (“AI”) and data mining technologies has introduced both opportunities and complexities for defense strategies. Historically, qui...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

Mintz - Intellectual Property Viewpoints

An Overview of Shotgun Pleadings in the Federal Courts

Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to...more

King & Spalding

U.S. Supreme Court Allows Justice Department to Dismiss Whistleblower Cases

King & Spalding on

On June 16, 2023, the U.S. Supreme Court affirmed that the DOJ properly secured a dismissal of a whistleblower suit accusing Executive Health Resources Inc. of violating the False Claims Act by improperly billing Medicare....more

ArentFox Schiff

US Supreme Court Rules 8-1 in Favor of Government FCA Dismissal Authority

ArentFox Schiff on

On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection...more

Proskauer - Corporate Defense and Disputes

Ninth Circuit Applies Lower Standard for Pleading Scienter Under § 14(e) of Securities Exchange Act Even as to Opinions

The U.S. Court of Appeals for the Ninth Circuit ruled last week that the securities-law requirement to plead a “strong inference” of scienter does not apply to claims under § 14(e) of the Securities Exchange Act even where...more

Faegre Drinker Biddle & Reath LLP

DNJ Enters Default Judgment on Breach of Contract Counterclaim in Manufactured TCPA Lawsuit

The United States District Court of New Jersey recently granted default judgment to Defendant Slack Technologies (“Defendant”) for its breach of contract counterclaim against Plaintiff Gino D’Ottavio (“Plaintiff”), who...more

Mintz - Health Care Viewpoints

Supreme Court Declines to Weigh in on False Claims Act Pleading Requirements

The Supreme Court recently denied petitions for writs of certiorari in three closely watched cases where parties asked the Court to clarify the heightened pleading standard governing fraud allegations under the False Claims...more

Bass, Berry & Sims PLC

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

Bass, Berry & Sims PLC on

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

King & Spalding

Supreme Court Seeks Solicitor General’s Opinion Regarding False Claims Act Circuit Split

King & Spalding on

Last week, the Supreme Court requested the Solicitor General’s views on United States ex rel. Owsley v. Fazzi Associates Inc. et al.,signaling the Court’s interest in potentially resolving a longstanding Circuit split. The...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

ArentFox Schiff

Investigations Newsletter: DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 

ArentFox Schiff on

DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that the Department recovered approximately $5.6 billion in False Claims Act...more

Zuckerman Spaeder LLP

A Government Win That FCA Defense Counsel Can Get Behind

Zuckerman Spaeder LLP on

In the past twenty or so years, the government (and creative relators) have sharpened and re-designed the False Claims Act, 31 U.S.C. § 3729 et seq. (“FCA”), into a multi-functional tool to redress all sorts of conduct that...more

Mintz - Health Care Viewpoints

First Circuit Adopts Deferential Standard for Review of Government Decisions to Dismiss FCA Whistleblower Cases

On January 21, 2022, the First Circuit adopted a deferential standard that gives the government broad authority to dismiss False Claims Act (FCA) suits brought by private citizens (or relators) on behalf of the government...more

Dorsey & Whitney LLP

Northern District of Texas Refuses to Enforce Purported Pre-Filing Qui Tam Claim Release on Public Policy Grounds

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On April 30, 2021, a Northern District of Texas judge denied a motion to dismiss an FCA qui tam action alleging “a fraudulent scheme to obtain Government subcontracting opportunities reserved for eligible small businesses...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Decision to Vacate Judgment Following Evidence of Fraud

On May 5, in Cap Export, LLC v. Zinus, Inc., the Federal Circuit held that a district court properly vacated its earlier judgment of infringement in favor of Zinus after evidence came to light that Zinus’s president gave...more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Bass, Berry & Sims PLC

Recent Developments in FCA Pleading Standards – Part One

The False Claims Act (FCA) continues to be the federal government’s primary civil enforcement tool for imposing liability on healthcare providers who defraud federal healthcare programs. A significant portion of FCA...more

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