Same FCA Question — Different Answers

Law360, New York (February 25, 2013, 12:25 PM EST) -- 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...
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