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Eighth Circuit Relaxes Particularity Standard


The Eighth Circuit, in U.S. ex rel. Thayer v. Planned Parenthood of the Heartland (Aug. 29, 2014), relaxed the Rule 9(b) particularity standard it had previously articulated in U.S. ex rel. Joshi v. St. Luke's Hospital, Inc., 441 F.3d 552 (8th Cir. 2006), in which it had required a complaint to provide at least some representative examples of the defendant's alleged fraudulent conduct (i.e., false claims) to pass muster. In Thayer, the Eighth Circuit followed the lead of several other circuits and held that its previous Joshi standard need not be satisfied in cases in which particular details of an alleged fraudulent scheme are paired with "reliable indicia that lead to a strong inference that claims were actually submitted," such as allegations based on personal knowledge of the defendant's submission of false claims.

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Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549