We represented The Brattleboro Retreat, an in-patient addiction treatment facility located in Brattleboro, Vermont, in a False Claims Act (FCA) lawsuit, which alleged that the Retreat violated the FCA by submitting false claims for reimbursement to state and federal payers and by using internal accounting codes to mask alleged overpayments. The district court granted the Retreat's motion to dismiss, concluding that the Relator failed to satisfy the pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure and that certain of Relator's claims were barred under the applicable statute of limitations. See U.S. ex rel. Joseph v. Brattleboro Retreat, 2014 U.S. Dist. LEXIS 110153 (D. Vt. Aug. 10, 2014).
The district court's opinion is one of the few cases from Vermont in recent history considering the pleading requirements under the FCA. At a time when district courts are grappling with the appropriate pleadings standard for FCA allegations, the district court's opinion is significant, at it strictly applied the requirements of Rule 9(b) of the Federal Rules of Civil Procedure in dismissing the Relator's claims.
The Brattleboro Retreat is an in-patient addiction treatment facility located in Brattleboro, Vermont.