DOJ Tells Supreme Court to Skip Review of FCA Whistleblower Action Dismissed for Lack of Particularity

• May 27, 2022

The Supreme Court should decline to review a whistleblower action under the False Claims Act (FCA) that was dismissed under Fed. R. Civ. P. 9(b) because the federal circuits “have largely converged on an approach” for applying the particularity standard and “divergent outcomes” in those cases “simply reflect courts’ application of a fact-intensive standard to a range of different types of allegations,” the U.S. Solicitor General argued in a brief filed May 24.

ARTICLE TAGS

• Fraud and Compliance