United States First Circuit

In a fraud action brought under the False Claims Act, district court's grant of defendant's motion to dismiss is affirmed where: 1) the court properly held that plaintiffs failed to comply with Fed. R. Civ. P. 9(b), as the allegations made did not meet the fraud pleading requirements for the claims brought under subsections (a)(2) and (a)(3) of the Act; and 2) the court did not abuse its discretion in refusing to grant plaintiffs leave to amend its complaint a third time, as plaintiffs repeatedly failed to cure the deficiencies in their pleadings.

Appellate Information

• Decided 05/08/2009
• Published 05/08/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, FARRIS  and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel Joseph Shea with whom Daniel J. Shea, P.C. was on brief for appellants.


• For Appellees:
  
• Janet J. McGuiggan, Assistant City Solicitor, City of Worcester Law Department, for appellees.