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Whistleblowers Eye Clearer Path Following Supreme Court Denials, Bloomberg Law

October 20, 2022

A Bloomberg Law article details how on October 17, the US Supreme Court rejected three petitions seeking clarity on how much detail a False Claims Act (FCA) complaint must include to survive a motion to dismiss, arguing that a split among federal circuit courts was confusing litigants.

Partner Kathleen McDermott noted that different pleading standards encourage forum shopping.

The result can be “a disproportionate focus on the health industry as seen from the bizarrely lopsided FCA recoveries” against those companies, Kathleen said.

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