Linking Rule 9(b) Pleading and the First-to-File Rule to Advance the Goals of the False Claims Act

Lee, Karin | July 1, 2014

Under the False Claims Act, do whistleblowers need details from invoice and billing documents to survive a motion to dismiss? And if a first whistleblower’s complaint does not survive the pleading stage, may a second whistleblower make a similar claim to “blow the whistle” on the same fraud that the first whistleblower sought to expose? This Note outlines the contours of these two separate but related issues, urges consideration of the issues in tandem, and argues for an optimal combination of standards to both protect legitimate whistleblower claims and deter frivolous lawsuits.