U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether a relator asserting a claim under the False Claims Act can satisfy Federal Rule of Civil Procedure 9(b)’s particular pleading requirement without setting forth specific facts regarding at least one allegedly false or fraudulent claim submitted to the government.

Case Updates

Cert. petition denied

June 27, 2016

U.S. Chamber urges U.S. Supreme Court to review case interpreting False Claims Act

October 23, 2015

In its brief, the U.S. Chamber urged the Supreme Court to address the D.C. Circuit’s conflicting and watered down interpretation of Rule 9(b) pleading requirements in False Claims Act cases.

The brief argues that the D.C. Circuit’s decision exacerbates an existing circuit split, further encouraging forum shopping, and is particularly worrisome because the D.C. Circuit is the forum where many federal contractors are located and do business. The brief also explains that the court’s holding that a qui tam relator can satisfy the heightened pleading standard of Rule 9(b) without ever alleging the particulars of even one specific false claim exposes businesses to meritless and costly litigation.

This brief was filed jointly with the Pharmaceutical Research and Manufacturers of America and Business Roundtable.

Jonathan S. Franklin and John W. Akin of Norton Rose Fulbright US LLP served as co-counsel for the amici with the U.S. Chamber of Commerce.

Case Documents