U.S. Court of Appeals for the Fifth Circuit

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Fifth Circuit affirms dismissal of False Claims Act suit

May 28, 2020

The Fifth Circuit rejected the relator’s reliance on statistical data to allege fraud, reasoning that statistical data does not satisfy pleading requirements if it is “also consistent with a legal and obvious alternative explanation.” The U.S. Chamber filed a coalition brief supporting this outcome.

U.S. Chamber files amicus brief urging Fifth Circuit to affirm district court’s dismissal of False Claims Act suit where relator relied on statistical analysis and generalized allegations to plead fraud

December 23, 2019

Click here to view the amicus brief filed by the U.S. Chamber and American Hospital Association. Jeffrey S. Bucholtz, Jeremy M. Bylund, and Gabriel Krimm of King & Spalding LLP served as co-counsel.

Case Documents