FCA Claimants Closely Watching For Direction On Rule 9(b)

Law360, New York (March 4, 2014, 4:15 PM EST) -- A certiorari petition currently before the U.S. Supreme Court could have major implications for False Claims Act relators, or those seeking to bring whistleblower actions pursuant to the qui tam provisions of the FCA. The issue that the court is being asked to decide is whether a FCA relator must identify specific false claims submitted to the government for payment in order to survive a motion to dismiss, or whether it suffices to cite facts that support an inference that such claims were submitted.

If the court sides with the lower court and holds that the former is required, such a...

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