False Claims Act Pleading Standard Left Unsettled
Time 1 Minute Read
Categories: Health Care

How much particularity is required to plead a claim under the False Claims Act (“FCA”), a statute designed to root out fraud against the government? While courts purport to apply the requirements of Federal Rule of Civil Procedure 9(b) and its stringent standards for pleading fraud, several circuits take a more flexible approach when assessing claims brought under the FCA. The United States Supreme Court recently declined to take up the matter and resolve this key question. Accordingly, the forum in which an FCA suit is brought continues to have a dramatic impact on whether it will be subject to an early dismissal.

You May Also Be Interested In

Time 1 Minute Read

The California Consumer Privacy Act continues to drive significant enforcement activity—particularly when minors’ data is involved. In a recent action, the California Privacy Protection Agency imposed a $1.1 million fine on youth sports platform PlayOn Sports for alleged violations involving student data and inadequate opt-out mechanisms. The case highlights growing regulatory scrutiny around how companies collect, share, and provide transparency about personal information—especially when schools and students are involved. 

Time 9 Minute Read

Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.

Time 8 Minute Read

While the Trump Administration has emphasized regulatory reform and prioritized agency efficiency across the federal government, EPA continues to pursue aggressive enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Actions taken by EPA over the first six months of President Trump’s current term demonstrate sustained FIFRA enforcement, with notably high penalty amounts being assessed, including one case resulting in a $3 million penalty. These latest enforcement trends signal that pesticide manufacturers, distributors, and sellers must remain vigilant in complying with FIFRA requirements.

Time 2 Minute Read

In Chicago Women in Trades v. Trump et al., No. 1:25-cv-02005, U.S. District Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order (TRO) preventing the Department of Labor (DOL) from enforcing two provisions of Executive Orders (EOs) 14151 and 14173: one that mandates termination of grants/contracts with organizations promoting DEI, and another that requires recipients to certify under the False Claims Act that they do not have DEI/DEIA programs.

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page