Section 3729(a)(1)(B) of the False Claims Act requires a plaintiff to allege with particularity the actual submission of a claim to the U.S. government. The Eleventh Circuit has now held that this requirement can be satisfied by alleging that the defendant’s external audit showed that at least some false claims were submitted, even where the…
Tag: Fed. R. Civ. P. 9
Eleventh Circuit Affirms Dismissal With Prejudice of Auto Shops’ RICO Complaint Against Insurers
The Eleventh Circuit has affirmed the dismissal with prejudice of a putative class action brought by auto body collision repair shops against dozens of insurers and alleging RICO violations, fraud, and unjust enrichment. Crawford’s Auto Center, Inc. v. State Farm Mutual Automobile Insurance Co., 2019 WL 6974428 (Dec. 20, 2019). The plaintiffs alleged that the…
Failure to Comply with Rule 9(b)’s Particularity Requirement Dooms Claims under the False Claims Act
Payments by the AIDS Healthcare Foundation to an employee responsible for referring HIV-positive patients to healthcare services offered by the Foundation fall within the employee exemption to the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b)(3)(B), according to the Eleventh Circuit’s decision in Carrel v. AIDS Healthcare Foundation, Inc., 2018 WL 3734278 (11th Cir. Aug. 7, 2018). …