Tag Archives: Relator

False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional Guidance

By Susan M. Corcoran and Peter S. Seltzer We are seeing a growing number of False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733 cases where defendants test the sufficiency of relators’ pleadings, which is the heightened pleading standard under Rule 9(b). Rule 9(b) acts as a gatekeeping function by requiring that “in alleging … Continue Reading

Fifth Circuit Upholds Original Source Requirements under False Claims Act

The Fifth Circuit recently affirmed the dismissal of two Relators’ claims brought under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 based on the Relators’ lack of personal knowledge of the information in their Complaint.  In requiring a federal False Claims Act relator to be an original source of the information underlying the … Continue Reading
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