United States First Circuit

Plaintiff-employee's complaint contains no allegation, pled with adequate specificity, of a false claim for Medicare/Medicaid payment that was actually presented to the government. Since the False Claims Act attaches liability to the submission of false claims for payment, not to the underlying fraudulent activity or other wrongful conduct, the complaint was properly dismissed per FRCP rule 12(b)(6).

Appellate Information

• Decided 02/23/2004
• Published 02/23/2004

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and BARBADORO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Oliver B. Dickins with whom John F. Murphy, was on the brief, for appellant.


• For Appellees:
  
• Michael K. Fee with whom Ropes & Gray LLP, were on the brief, for appellees.