Statute
Rule 9(b)
11 published works
Original Source
Court Grants Motion to Dismiss FCA Claim for Failure Adequately to Plead Scienter
By Jaime L.M. Jones, Scott D. Stein, Joseph R. LoCascio, Hannah Zobair
Recently a court took the rare step of granting a motion to dismiss a qui tam suit because the relator’s vague and conclusory scienter allegations failed to satisfy Rules 8…
Health Law Checkup
Blog Browse: What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims?
By Claire Schenk, Christine Couvillon, Rose Tanner
False Claims Act complaints are subject to the heightened pleading requirements of Rule 9(b), but circuits are split on whether that requirement should be relaxed for relators, or whistleblowers, who…
Drug & Device Law
Motion To Dismiss in Textured-Breast-Implant Litigation Gets The MDL Treatment
This post is from the non-Reed Smith side of the blog. This blog has repeatedly lamented the tendency of MDL courts to flout federal pleading standards when assessing the sufficiency…
Legal Profession Blog
Too Late To Sue
The Wyoming Supreme Court affirmed the dismissal of legal malpractice and related claims against an attorneyMr. Foltz failed to plead his fraud claim with the particularity required by Rule 9(b),…
Inside the False Claims Act
FCA Deeper Dive: Rule 9(b) and the Pleading of Actual Claims
The FCA continues to be the federal government's primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we…
SDNY Blog
Judge Gardephe Allows DOJ to Proceed With Suit Accusing Novartis of Using “Sham” Speaker Events to Pay Doctors Kickbacks
In a 90-page opinion today, Judge Gardephe largely denied Novartis’ motion to dismiss a government suit alleging that it paid doctors kickbacks by hosting sham speaker events that allegedly “served…
Government Contracts Legal Forum
Solicitor General Addresses Standard for Rule 9(b) in FCA Cases, Asks Supreme Court Not to
The government has reiterated in no uncertain terms its proposed standard for particularity under the FCA: “a qui tam complaint satisfie[s] Rule 9(b) if it contains detailed allegations supporting a…
Civil Procedure & Federal Courts Blog
Thoughts on the Federal Judiciary Committee’s study of 12(b)(6) motions after Iqbal
By Civil Procedure & Federal Courts Blog
As most of you know, the FJC released its study comparing 12(b)(6) motions in 2006 and 2010 in March 2011. Overall, the study takes the view that the empirical…
Chicago IP Litigation
Court Considers Rule 9(b) Inequitable Conduct Pleading
Bone Care Int'l, LLC v. Pentech Pharms., Inc., No. 08 C 1083, Slip Op. (N.D. Ill. Apr. 23, 2010) (Dow, Jr.).Judge Dow granted in part plaintiffs' motion to dismiss plaintiff's…
Delaware Corporate & Commercial Litigation Blog
Demand Futility Established and Presumption of Business Judgment Rule Rebutted
London v. Tyrrell, 2008 WL 2505435 (Del. Ch., June 24, 2008), read opinion here. This Chancery Court decision explained in detail the reasons why it denied a motion to dismiss…