Patterson Belknap Secures False Claims Act Win for Pharmaceutical Client

January 16, 2013

Fourth Circuit Holds that False Claims Act Requires Allegations of Specific False Claims Where a Scheme Merely Alleges that Such Claims Were Possible

In a decision last week addressing the pleading demands for complaints filed under the False Claims Act (“FCA”), the U.S. Courts of Appeals for the Fourth Circuit rejected the relator’s request to apply a more lenient pleading requirement in cases in which a relator is unable to show that actual false claims were submitted for government reimbursement. This decision is likely to have a significant impact on FCA cases pending in the Fourth Circuit, and will give FCA defendants nationwide a clear, well-reasoned decision to cite in support of motions to dismiss claims for failure to plead actual false claims with particularity.

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