U.S. v. Heritage Operations Group, LLC

Plaintiff in a qui tam action alleged that the defendants submitted fraudulent claims to Medicare in violation of the False Claims Act. The district court dismissed the complaint at the pleadings stage, finding that plaintiff failed to plead fraud with particularity, as is required FRCP 9(b), and plaintiff appealed. The Seventh Circuit affirmed, finding that the district court properly dismissed the complaint for failing to state an FCA violation. (EASTERBROOK, concurring and JACKSON-AKIWUMI, specially concurring)