U.S. Court of Appeals for the Second Circuit

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July 27, 2017

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U.S. Chamber argues that established fraud pleading standard should apply to FCA qui tam claims

June 22, 2016

The U.S. Chamber filed an amicus brief urging the Second Circuit to affirm a district court ruling that Rule 9(b) of the Federal Rules of Civil Procedure requires a relator bringing a qui tam action under the False Claims Act (“FCA”) to set forth specific facts regarding at least one false or fraudulent claim.

In its brief, the Chamber argued that it is widely established that Rule 9(b) requires a plaintiff alleging fraud to identify the specific statements that he asserts to be fraudulent, and there is no justification for relaxing Rule 9(b)’s standards in the FCA context. In fact, the Chamber explained, the reasons for enforcing Rule 9(b)’s particularity requirement apply with even greater force in qui tam lawsuits under the FCA because qui tam realtors are primarily motivated by the possibility of massive financial rewards, making them particularly inclined to pursue meritless litigation in the hope of extracting a nuisance settlement.

Jeffrey S. Bucholtz and Paul Alessio Mezzina of King & Spalding LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of th U.S. Chamber Litigation Center.

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