· 5/8/2009
United States Ex Rel. Gagne v. City of Worcester
Citations
- 565 F.3d 40
- 2009 U.S. App. LEXIS 10079
- 2009 WL 1260412
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Rule 9(b) may be satisfied “where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA”
- noting that, while presentment is an element of § 3729(a)(1), presentment is not an element of §§ 3729(a)(2)-(3)
- affirming dismissal of an (a)(2) claim under Rule 9(b) where “[r]elators fail to connect the only falsity or fraud for which they provide any detail”
- affirming denial of leave to file- third amended complaint because of “repeated failure to cure the deficiencies in [the] pleadings”
- finding that particularity standard was not met where relators failed to “connect the only falsity or fraud for which they provide any detail . . . to an effort to get a false claim paid or approved by the government”
- afirrming the denial of leave to, amend where the plaintiffs second amended complaint was insufficient
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Farris, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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