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U.S. EX REL. CLAUSEN v. LABORATORY CORP.

No. 01-13312.

290 F.3d 1301 (2002)

UNITED STATES of America ex rel. Jeffrey Scott CLAUSEN, Plaintiff-Appellant, v. LABORATORY CORPORATION OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 9, 2002.

Attorney(s) appearing for the Case

G. Mark Simpson, Mike Bothwell, Mike Bothwell, P.C., Roswell, GA, Scott A. Powell, Hare, Wynn, Newell & Newton, Don McKenna, Birmingham, AL, Jennifer M. Verkamp, James B. Helmer, Jr., Frederick M. Morgan, Jr., Helmer, Martins & Morgan Co., L.P.A., Cincinnati, OH, for Plaintiff-Appellant.

Jeffrey W. Willis, Atlanta, GA, Nicholas G. Stavlas, Joseph H. Young, Hogan & Hartson, LLP, Baltimore, MD, for Defendant-Appellee.

Before BARKETT, HULL and KRAVITCH, Circuit Judges.

HULL, Circuit Judge:

In this qui tam action, the plaintiff-relator seeks to recover damages under the False Claims Act, 31 U.S.C. § 3729 et seq., as a result of alleged overbilling of the United States Government by the defendant medical testing company. The district court, however, twice dismissed the plaintiff's complaint for failing to provide the specificity required under Federal Rule of Civil Procedure 9(b). We affirm.

I. BACKGROUND...

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