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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.