Outside CounselAdam Pollock and Randall Fox, New York Law Journal
FCA Cases: Protect Claims by Relying on NY's Favorable Pleading Standard
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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