Whether a circuit split on how to apply Fed. R Civ. P. 9(b) in pleading cases under the False Claims Act requires a more rigorous approach

QUESTIONS PRESENTED 1. Whether a circuit split on how to apply Fed. R Civ. P. 9(b) in pleading cases under the False Claims | Act requires a more rigorous approach, such as requiring “representative examples,” as the Fourth, Sixth, Eighth, and Eleventh Circuits hold or a more nuanced approach such as allowing for “reliable ; CO ' " indicia that leads to a strong inference that claims . as . oy were actually submitted” as the First, Fifth, and 4 «4. Ninth Circuits hold. | 2. Whether each section of the False Claims Act, 31 U.S.C. § 3729(a)(1)(A) and (B), constitutes a separate violation with a separate analysis as the Seventh and Eleventh Circuits hold or whether the two sections can be combined into one analysis to find an FCA violation as the Sixth and Ninth Circuits hold. 3. Whether pleading retaliation under the False Claims Act, 31 U.S.C. § 3730(h), requires the defendant to know that an employee is pursuing an FCA action as the Sixth Circuit held in this case, or whether the post-2009 amendment to the statute removes that sole outdated requirement. ‘ 4. Whether Sheoran has been denied his | constitutional rights under the Fifth and Fourteenth | Amendments of the United States Constitution | without due process of law. Be