No. 21-936

United States, et al., ex rel. Cathy Owsley v. Fazzi Associates, Inc., et al.

Lower Court: Sixth Circuit
Docketed: 2021-12-23
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: circuit-conflict civil-procedure false-claims-act fraud fraudulent-scheme pleading pleading-particularity rule-9(b) rule-9b standing
Key Terms:
SocialSecurity
Latest Conference: 2022-10-14 (distributed 3 times)
Question Presented (AI Summary)

Whether Federal Rule of Civil Procedure 9(b) requires plaintiffs in False Claims Act cases who plead a fraudulent scheme with particularity to also plead specific details of false claims

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented here is the same as the question presented in No. 21-462, Johnson v. Bethany Hospice & Palliative Care, LLC, and is the subject of an acknowledged multi-way circuit conflict: Whether Federal Rule of Civil Procedure 9(b) requires plaintiffs in False Claims Act cases who plead a fraudulent scheme with particularity to also plead specific details of false claims.

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-09
Brief amicus curiae of United States filed.
2022-05-16
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-20
Reply of petitioners Owsley, et al. filed. (Distributed)
2022-04-01
Brief of respondents Fazzi Associates, Inc. et al. in opposition filed.
2022-02-08
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022, for all respondents.
2022-02-07
Motion to extend the time to file a response from February 17, 2022 to April 1, 2022, submitted to The Clerk.
2022-01-18
Response Requested. (Due February 17, 2022)
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2022-01-06
Waiver of right of respondents Care Connection of Cincinnati, LLC, et al. to respond filed.
2022-01-06
Waiver of right of respondent Fazzi Associates, Inc. to respond filed.
2021-12-21
Petition for a writ of certiorari filed. (Response due January 24, 2022)

Attorneys

Care Connection of Cincinnati, LLC, et al.
Stuart M GersonEpstein Becker & Green P.C., Respondent
Stuart M GersonEpstein Becker & Green P.C., Respondent
Fazzi Associates, Inc.
Douglas Harry Hallward-DriemeierRopes & Gray, LLP, Respondent
Douglas Harry Hallward-DriemeierRopes & Gray, LLP, Respondent
Owsley, et al.
Tejinder SinghSparacino PLLC, Petitioner
Tejinder SinghSparacino PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus