United States Eighth Circuit
US ex rel Roop v. Hypoguard USA, Inc., 07-3781
In an action involving the False Claims Act, district court's denial of leave to amend and motion to alter or amend the judgment is affirmed where: 1) district court's properly denied plaintiff's motion after he conceded his initial complaint failed to satisfy Rule 9(b)'s particularity requirement; and 2) plaintiff's subsequent amended pleading did not explain how it cured the Rule 9(b) deficiencies in the initial complaint.
Appellate Information
- Decided 03/17/2009
- Published 03/17/2009
Judges
- LOKEN, Chief Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Francis J. Flynn, argued, Jeffrey J. Lowe, on the brief, St. Louis, MO, for appellant.
- For Appellees:
- Lisa S. Simmons, argued, Chicago, IL, Brent R. Austin and David M. Oppenheim, Chicago, IL, Ryan Marth, Minneapolis, MN, on the brief, for appellees.