Motion to Dismiss False Claims Act Complaint Granted in Part

This Monday’s False Claims Act case is a report & recommendation by a magistrate judge, adopted by the district judge, which addressed a motion to dismiss relator’s claims under the FCA’s first to file rule, and motions to dismiss under FRCP 12(b)(6) and FRCP 9, which implicated both normal and heightened standards of pleadings.  No objections to the report were filed, thus the district court’s review was limited to plain error / manifest injustice, and it did not find any.

Hotline calls

One of the unique characteristics of the Eastern District’s 1991 CJRA Plan was the creation of a discovery hotline which allows litigants to get a ruling from a judge in real time on a discovery dispute.  This latest ruling arises, as most do, from a dispute over whether a specific set of questions during a deposition was admissible.