It feels like a Monday again, so let’s look at another False Claims Act case. This is another report & recommendation adopted by the district judge which addressed five separate motions to dismiss the Relator’s First Amended Complaint. And they seem familiar, somehow.
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.
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.
Standing is a necessary prerequisite for any case. This recent opinion by Judge Craven goes into detail on what actions do not confer standing, and are a good read if you have a standing issue – or hope you do (or don’t).