Complex AKS/Stark Complaint Survives Rule 9(b) Particularity Challenge – A Guide For FCA Complaints

In U.S. v. Genesis Global Healthcare, 2023 WL 3656925 (S.D. Ga. May 25, 2023), a Georgia district court denied three (3) Motions to Dismiss the Second Amended Complaint filed in a qui tam action brought by relators under the False Claims Act (the "FCA") and the Georgia False Medicaid Claims Act. The court, having previously held that the relators' First Amended Complaint amounted to an improper shotgun pleading, found that the Second Amended Complaint adequately remedied the court's concerns. The court's ruling reaffirms the pleading standards of claims brought under the FCA and serves as a guide for both courts and parties alike to the pleading requirements a complaint must satisfy to survive a motion to dismiss.