1st Circ. Holds FCA Relator’s Feet To The Rule 9(b) Fire

Law360, New York (February 3, 2014, 12:33 PM EST) -- ​It is often said that a false claim is the “sine qua non” of an action under the False Claims Act, 31 U.S.C. § 3729 et seq.[1] Notwithstanding this logical and self-evident proposition, FCA relators (or whistleblowers) routinely bring FCA actions despite the fact that they cannot identify the details of any actual false claim or its submission to the government.

A defense lawyer met with such an FCA complaint will most certainly move to dismiss it on the grounds that the relator has not alleged...
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