United States Ninth Circuit

In an action under the False Claims Act (FCA), claiming that defendant submitted false certifications to the federal government in connection with Medicare payments for three health care businesses, the dismissal of the complaint is affirmed where: 1) plaintiff failed to supply reasonable indicia that false claims were actually submitted; and 2) plaintiff failed to plead an implied certification theory with the particularity required by Fed. R. Civ. P. 9(b) for the same reasons germane to the alleged Stark Act violation.

Appellate Information

• Decided 08/09/2010
• Published 08/09/2010

Judges

• M. Margaret McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael J. Khori, Paul G. Ulrich