Respondents:  Pleading Standard Exemption Request In FCA Appeal Does Not Exist

Mealey's (April 4, 2022, 2:14 PM EDT) -- WASHINGTON, D.C. — U.S. Supreme Court review of a Sixth Circuit U.S. Court of Appeals’ ruling affirming the dismissal of False Claims Act (FCA) claim and related state law claims brought in a qui tam action against a home health agency and others is not warranted because a relator has asked the Supreme Court to establish “a non-textual exemption from the generally applied heightened pleading standard of Federal Rule of Civil Procedure 9(b)” that does not exist, the respondents argue in an April 1 opposition brief filed in the Supreme Court....