September 24, 2014

In this article, Jenner & Block Partner Robert R. Stauffer, Of Counsel Richard P. Campbell and Associate Katharine R. Ciliberti examine implications of the Eighth Circuit’s opinion in Thayer v. Planned Parenthood of the Heartland.  The authors explain that the decision may have a significant impact on health care providers defending against qui tam actions alleging violations of the False Claims Act.  They observe that the common defense in such matters has been to challenge the complaint under Rule 9(b), which requires that allegations of fraud be pled with specificity.  But the holding in Thayer eases the threshold requirement for a plaintiff to plead FCA claims by, under certain circumstances, eliminating the need to plead specific or representative submissions to the government that form the basis of the alleged FCA violation.  They give background on Thayer and analyze the Eighth Circuit’s decision.