Law360, New York (February 25, 2013, 12:25 PM ET) -- So far this year, three appellate courts have answered a question on the pleading standard necessitated by the False Claims Act: Does the complainant have to plead the existence of a false claim?
Specifically, the Fourth, D.C. and Ninth Circuits have all addressed whether the particularity requirements of Federal Rule of Civil Procedure 9(b) permit a complaint relying only on an inference about false claims submitted to the government.
The Fourth Circuit, in the only published decision, and the D.C. Circuit refused to make inferences about...
Same FCA Question — Different Answers
To view the full article, take a free trial now.
