Sixth Circuit Affirms Dismissal for Failure to Meet Demanding FCA Pleading RequirementsDecember 7, 2017 – Insight
The Sixth Circuit Court of Appeals recently affirmed dismissal of an FCA complaint that failed to meet the FCA’s stringent pleading requirements. See United States ex rel. Ibanez v. Bristol-Myers Squibb Co., No. 16-3154, 2017 U.S. App. LEXIS 21328 (6th Cir. Oct. 27, 2017).
Ibanez is helpful to FCA defendants because it confirmed the general rule that FCA relators must plead with particularity the existence of at least a representative false claim, and cabined the exception to that rule by clarifying the limited circumstances in which a billing clerk with firsthand knowledge of the alleged false claims can potentially proceed to discovery by alleging other indicia that false claims were submitted.