Ninth Circuit decision makes it harder to bring a Federal False Claims Act case

In Cafasso v. General Dynamics, the Ninth Circuit Court of Appeals ruled that FCA complaints can not merely allege “unsavory conduct…[U]nsavory conduct is not, without more, actionable under the [False Claims Act].” The court goes on to say that FCA actions must “state with particularity the circumstances constitute fraud or mistake,” as well as, “plead plausible allegations.” The court’s decision forces FCA cases to clear a higher bar.