Outside Counsel

FCA Cases: Protect Claims by Relying on NY's Favorable Pleading Standard

, New York Law Journal


Adam Pollock and Randall Fox write that in a little-noticed provision at the end of New York's False Claims Act, the New York legislature provided for a lower pleading hurdle when asserting violations of New York's FCA in state court. Accordingly, whistleblowers should strongly consider filing separate federal and state qui tam actions (or seeking to remand improperly removed cases) in order to benefit from the New York FCA pleading standard at the dismissal stage.

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  • F. LaGuardia

    Keep driving businesses and career-seeking young educateds out of your crumbling former Empire State, you parasites. Surely your parents are proud.

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