1st Circ. Holds FCA Relator's Feet To The Rule 9(b) Fire

Law360, New York (February 3, 2014, 12:33 PM EST) -- ​It is often said that a false claim is the "sine qua non" of an action under the False Claims Act, 31 U.S.C. § 3729 et seq.[1] Notwithstanding this logical and self-evident proposition, FCA relators (or whistleblowers) routinely bring FCA actions despite the fact that they cannot identify the details of any actual false claim or its submission to the government.

A defense lawyer met with such an FCA complaint will most certainly move to dismiss it on the grounds that the relator has not alleged fraud with the particularity required by Fed. R. Civ. P. 9(b), but this argument typically...

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