Court’s Particularity Requirement Too Stringent, Relator Tells 9th Circuit

Mealey's (April 21, 2022, 11:06 AM EDT) -- SAN FRANCISCO — A federal district court erred in dismissing a relator’s state and federal False Claims Act claims in a qui tam actions against pharmacies that were alleged to have engaged in a fraudulent scheme to induce public and private insurers to grant prior authorizations for prescriptions because the court required the relator to plead a level of particularity in stating her claims that was extreme and exceeded the level of particularity required pursuant to Federal Rule of Civil Procedure 9(b), the relator argues in an April 18 appellant brief filed in the Ninth Circuit U.S. Court of Appeals....