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Inability to Identify Invoices Does Not Mandate Dismissal of FCA Complaints

, New York Law Journal


David A. Koenigsberg writes that while six other circuits adopted what some call a "more lenient" pleading standard that permitted qui tam False Claims cases to go forward even when the complaint did not allege details of a false claim that was actually submitted, the Second Circuit had not directly addressed that issue until last month. The case provides guidance for how qui tam relators may satisfy the Rule 9(b) pleading standards in the absence of direct knowledge that false claims were actually submitted to the government.

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