Qui tam suit examples let case advance

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 7, 2019 9:27 AM

Three of Champion Fitness and Jeff Schade’s attacks on the validity of Barbara Morgan’s False Claims Act complaint were based on Federal Rule of Civil Procedure 9(b), which says “a party must state with particularity the circumstances constituting fraud or mistake.”Morgan alleged Champion and its owner Schade — “and/or their agents, employees and conspirators” — submitted thousands of false bills to the federal government for physical therapy over a period of years. But …

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