In “FCA Cases: Protect Claims by Relying on NY's Favorable Pleading Standard” (New York Law Journal, August 16, 2017) Adam Pollock discusses a little-noticed provision at the end of New York's False Claims Act, in which the New York legislature provided for a lower pleading hurdle when asserting violations of New York's FCA in state court. Accordingly, whistleblowers should strongly consider filing separate federal and state qui tam actions (or seeking to remand improperly removed cases) in order to benefit from the New York FCA pleading standard at the dismissal stage.
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FCA Cases: Protect Claims by Relying on NY's Favorable Pleading Standard | New York Law Journal
