Rule 9(b)'s Application

to the False Claims Act

Perhaps the Most Significant Hurdle Facing Georgia Whistleblowers in a Declined Case is Rule 9(b), Which Causes the Dismissal of Countless False Claims Act Lawsuits Every Year. A Roswell False Claims Act Lawyer Helps Clients Avoid Pitfalls.

The False Claims Act qui tam provision allows ordinary citizens to bring a claim against individuals, companies, or other entities who are engaging in fraudulent use of government funds. In short, a qui tam claimant makes a claim on behalf of the government, who may or may not intervene. Roswell qui tam lawyer Mike Bothwell knows how complex proving a False Claim Act (FCA) violation can be.

Georgia Whistleblowers should not violate Rule 9(b) to avoid dismissal of their False Claims Act lawsuit. A skilled and qualified Roswell False Claims Act lawyer helps clients (known as “Relators”) in False Claims Act suits avoid this pitfall. Time and again, courts have dismissed legitimate False Claims Act lawsuits because they were improperly pled under Rule 9(b) of the Federal Rules of Civil Procedure, which requires that the claims at issue be pled with “particularity,” or specificity. As Federal courts grapple over the issue of specific evidence versus allegations, the scope of FCA has narrowed.

A GA Whistleblower Protection Lawyer who Understands FCA Law

Nearly every False Claims Act lawsuit that is litigated faces a Rule 9(b) challenge because defendants know it is the easiest, fastest way to win against incompetent opposition. A False Claims Act case cannot be brought in the same manner as a more run-of-the-mill lawsuit, and if your Roswell False Claims Act attorney fails to understand the nuances of pleading a qui tam case, then your case is doomed from the start.

While Rule 9(b) aims to discourage frivolous lawsuits, the courts are split and the qualification standard is subject to change as each motion and challenge is heard. Relators must be able to provide details, such as billings that include date, amount, and goods and services provided to the government as well as the individuals involved. Claimants should be prepared to prove the time frame from fraudulent billing to date of claim, as well. GA Whistleblower Protection lawyer Mike Bothwell understands that while not all of these standards must be met, the courts have ruled that at least some of this information must be produced in order to satisfy rule 9(b). After years of successful whistleblower litigation and negotiation, Mike and his legal team of FCA experts know how to gather and present your evidence in a way that is most advantageous to you.

Contact an Experienced Roswell Qui Tam Attorney

Bothwell Law Group Roswell qui tam attorney Mike Bothwell has litigated False Claims Act qui tam lawsuits since before Rule 9(b) was even applied to False Claims Act cases. We know what judges look for in whistleblower complaints, and we know what may lead to dismissals even when a case appears strong to less experienced attorneys. A Bothwell Law Group whistleblower help attorney Roswell Georgia knows how to plead your case to avoid dismissal and how to fight back against a Rule 9(b) argument. Call or click for a free evaluation with an experienced Bothwell Georgia False Claims Act attorney.

“In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” Fed. R. Civ. P. 9(b).