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Showing 1 post in Rule 9(b).

Third Circuit Adopts Less Rigid Rule 9(b) Standards

A Rule 9(b) motion to dismiss is often the first big hurdle that a False Claims Act lawsuit faces. Under Rule 9(b) of the Rules of Civil Procedure, a relator in a False Claims Act lawsuit must allege the “circumstances constituting fraud ... with particularity.” Accordingly, defendants often use Rule 9(b) to challenge a complaint and argue that the case should be dismissed due to lack of “particularity.” More

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