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Regulatory: Sallie Mae case lowers Rule 9(b) standards

Previously filed complaints can bar later-filed complaints even if the rule is not met

On Nov. 4, 2011, the D. C. Circuit decided United States ex rel. Batiste v. SLM Corp., 659 F.3d 1204 (D.C. Cir. 2011), holding for the first time that a previously filed complaint need not meet the requirements of Federal Rule of Civil Procedure 9(b) to bar a similar, later-filed complaint under the first-to-file provision of the False Claims Act (FCA). Id. at 1210.

Relator Sheldon Batiste, a former employee of a subsidiary of defendant SLM Corp., filed a complaint as a qui tam relator under the FCA alleging the defendant had defrauded the U.S. government by presenting claims for funds which included false certifications. Id. at 1206.   

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Lisa Noller

Lisa M. Noller is a partner and member of the Government Enforcement, Compliance & White Collar Defense; Business Litigation & Dispute Resolution and Securities Enforcement...

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