Circuits Still Split Over Particularity In FCA Rule 9(b)

Law360, New York (January 23, 2014, 1:36 AM EST) -- It is well-settled that a False Claims Act complaint must meet the pleading requirements of Federal Rule of Civil Procedure 9(b) — that is, the complaint must plead fraud with particularity. But what exactly does “particularity” require? Must a complaint allege the submission of an actual false claim? Or is the mere allegation of a fraudulent scheme, giving rise only to an inference that a false claim was submitted, enough to meet rule 9(b) requirements?

These questions are critical to understanding the scope of rule 9(b)’s gatekeeping...
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