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motion to dismiss

Seventh Circuit: “Information and Belief” Insufficient under 9(b)

[12/04/14]

Posted on December 4, 2014 in False Claims Act Defense

Written by: Drew B. Howk

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal  of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase  with clarity and precision that makes a... READ MORE

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Fifth Circuit: Telecom Corporations Not Subject to FCA Claims on E-Rate Allegations

[07/08/14]

Posted on July 8, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Fifth Circuit rejected the government’s attempt to expand the FCA’s reach to include non-government funds overseen by a non-governmental entity simply because the government had the ability to exert a modicum of control over the entity. READ MORE

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