United States Sixth Circuit

Dismissal of a complaint alleging that defendant, a hospital chain, had violated the False Claims Act by filing "hospital cost reports" based on the allocation of corporate debt expense to its individual facilities rather than to the "home office" is affirmed where the complaint failed to meet the pleading standards for allegations of fraud under Federal Rule of Civil Procedure 9(b).

Appellate Information

• Decided 05/12/2006
• Published 05/12/2006

Judges

• DAUGHTREY, Circuit Judge., Before:  DAUGHTREY and MOORE, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John D. Schwalb, Williams & Schwalb, Franklin, Tennessee, for Appellant.  Walter P. Loughlin, Latham & Watkins, New York, New York, for Appellees.   ON BRIEF:  John D. Schwalb, Williams & Schwalb, Franklin, Tennessee, for Appellant.  Walter P. Loughlin, Latham & Watkins, New York, New York, John R. Hellow, Hooper, Lundy & Bookman, Los Angeles, California, for Appellees.