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Expert Analysis

Differing, Changing Pleading Standards For FCA Suits

Law360, New York (September 16, 2014, 4:48 PM EDT) -- On Aug. 20, 2014, the U.S. Court of Appeals for the Seventh Circuit rejected the "worthless services" and "false certification" theories of liability under the False Claims Act, overturning a $9 million qui tam jury verdict. Two weeks later, the Eighth Circuit shed the pleading specificity requirements needed to sustain a lawsuit under the FCA. These two recent decisions highlight the difference among circuits in the way they treat FCA actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA....

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