Analysis

Attys Hope For Clarity With Justices' Interest In Fraud Claims

By Jennifer Doherty (October 15, 2021, 10:53 PM EDT) -- Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

Federal appeals courts are almost evenly divided along a spectrum from more to less rigid requirements for whistleblowers to survive defendants' early attempts to escape their claims under Federal Rule of Civil Procedure 9(b).

The varying standards have survived multiple petitions to the high court — at least one during almost every term between 2014 and 2019, and now...

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