Eleventh Circuit: U.S. ex rel. Van Raalte v. Healogics, Inc.
The District Court read Clausen v. Laboratory Corp. of America, Inc. too narrowly and failed to recognizes that this Circuit and the majority of other circuits have recognized that 9B can be met without specific examples of false claims. In addition, the District Court erred by applying Rule 9(b) in an overly restrictive manner that crossed the line from “testing the pleading” to “testing the evidence.”