United States, ex rel. Andrew Gelbman v. City of New York, et al.
Securities HealthPrivacy JusticiabilityDoctri
Whether the pleading standard should be different for False Claims Act claims against public sector Medicaid providers than it is for such claims against private sector Medicaid providers
question presented is: whether the pleading standard should be different for False Claims Act claims against public sector Medicaid providers than it is for such claims against private sector Medicaid providers. The second question presented is: whether the Second Circuit erred in drawing all inferences in favor of Respondents rather than drawing all reasonable inferences in favor of Petitioner. The third question presented is: whether the scheme of fraud by The City of New York against the Government as set forth in Petitioner’s Second Amended Complaint ((Pet. App. la-52a) “SAC”) represents a plausible claim sufficient to avoid dis ii missal as per the standards set forth by this Court in Ashcroft v. Iqbal, 129 S. Ct. 19387 (2009), Bell Atlantic Corp. v. Twombly, 127 8. Ct. 1955 (2007), Escobar, 136 S. Ct. 1989, 1996 (2016) and FRCP 9(b).