DOJ Skittish About Supreme Court Review of FCA Pleading

Overview


Laura McLane speculated that the Solicitor General asked the Supreme Court not to hear an appeal of a False Claims Act case that could increase the level of detail that relators must include in FCA fraud complaints because the government has “a concern that the Supreme Court is going to announce a strict Rule 9(b) standard in a world where 9(b) is enforced in an inconsistent way across jurisdictions. If the Supreme Court were to comment on that … in a way that requires a relator to identify a specific false claim for payment, then the ruling would be contrary to a lot of relators’ complaints,” Ms. McLane continued.