Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
1. Whether Rule 9(b) requires plaintiffs in False Claims Act cases to plead details of the alleged false claims.
2. Whether a request for payment that makes no specific representations about the goods or services provided can be actionable under an implied false certification theory.
Case Updates
Cert. petition denied
October 17, 2022
U.S. Chamber files amicus brief urging Supreme Court to grant certiorari and review Seventh Circuit decision exacerbating entrenched circuit splits on two False Claims Act (FCA) issues
March 21, 2022
The Chamber's amicus brief urged the Supreme Court to grant certiorari and review two questions: (1) whether a False Claims Act relator must plead particulars of an alleged false claim or only bare facts giving rise to a plausible inference of false claims; and (2) whether a request for payment that makes no specific representations about the goods or services provided can be false or fraudulent on a theory of implied false certification.
John P. Elwood, Craig D. Margolis, Christian D. Sheehan, and Jayce L. Born of Arnold & Porter Kaye Scholer LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.