A False Claims Act (“FCA”) complaint filed by John McLain (not to be confused with the main character of the Die Hard series sharing the same name) was recently dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and failure to plead fraud with particularity under Rule 9(b). See United States ex rel. McLain v. KBR, Inc., No. 1:08-cv-499 (E.D. Va. Feb. 27, 2013).

The decision provides us an opportunity to build upon our recent blog post, in which we took stock of the increasingly contoured landscape of pleading requirements in FCA cases.Continue Reading FCA Complaint “Dies Hard” in the Eastern District of Virginia