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Rule 9(b)

Whistleblowers Could Face Fees for Poorly Pleaded FCA Actions

[02/11/21]

Posted on February 11, 2021 in False Claims Act Defense

Published by: Hall Render

Hospitals and health care systems that successfully defend against frivolous FCA actions may oftentimes recover fees and expenses incurred as part of their defense. Recently, however, the United States District Court for the District of Utah broadly connected this “frivolous” standard with Rule 9(b)’s pleading requirements—a decision that may stave off whistleblowers who have... READ MORE

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Do whistleblowers have to plead with particularity for every claim?

[06/22/12]

Posted on June 22, 2012 in False Claims Act Defense

Written by: David B. Honig

Pleading a False Claims Act case can be a tricky exercise, and in defending an FCA case, it is important to know just what the rules are for a whistleblower, and how they can fail to meet them. One of the most common mistakes made by whistleblowers is failing to “plead fraud with particularity,” a requirement... READ MORE

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