Osheroff V. Tenet — A Proper Application Of Rule 9(b)

Law360, New York (July 19, 2012, 12:09 PM EDT) -- A recent decision by a federal district court confirms that in False Claims Act cases premised on alleged false certification of compliance with other laws, the allegations that those other laws were violated must be pled with the particularity required by Rule 9(b).

In United States ex rel. Osheroff v. Tenet Healthcare Corporation, No. 09-22253-CIV (S.D. Fla.), a relator alleged that Tenet Healthcare Corp. and affiliated companies leased offices to physicians at below-market rental rates and included other compensating perks that constituted an improper remuneration under...
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