United States Ninth Circuit

In an action brought by a nurse alleging that, following her complaints regarding false billing and reimbursement practices and substandard patient care, she was wrongfully terminated in violation of the Federal False Claims Act (FCA), state laws, and public policy, dismissal of plaintiff's complaint is reversed and remanded where: 1) the notice pleading standard of Federal Rule of Civil Procedure 8(a), as opposed to the heightened pleading standard in Rule 9(b), applies to claims for wrongful termination under the FCA and California's FCA; and 2) the complaint met Rule 8(a)'s standard with respect to all her claims.

Appellate Information

• Argued 02/15/2008
• Decided 04/01/2008
• Published 04/01/2008

Judges

• CALLAHAN, Circuit Judge:, Before:  STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerald M. Serlin (briefed and argued), Douglas G. Benedon (briefed);  Marcus A. Mancini (briefed), Sherman Oaks and Woodland Hills, CA, for the appellant.


• For Appellees:
  
• Jennifer Blair (briefed);  Susan S. Azad (briefed and argued), Los Angeles, CA, for the appellees.