Law360, New York ( July 1, 2014, 10:19 AM EDT) -- In February of this year, the United States filed a brief with the U.S. Supreme Court urging it to deny certiorari in response to a petition seeking guidance on the application of Rule 9(b) in False Claims Act cases. While observing that "[t]he lower courts have reached conflicting results about the application of Rule 9(b) in the FCA context," the solicitor general's brief stated that there remained "some uncertainty about the extent of the disagreement."[1] The United States suggested that the court's consideration should await a more appropriate case, while allowing the issue "to percolate in the lower courts."[2] The issue has now percolated further with the Third Circuit's recent opinion in United States ex rel. Foglia v. Renal Ventures Management LLC, which confirms a broad disagreement as to how Rule 9(b) applies in False Claims Act cases and should resolve any remaining uncertainty about the need for clarity from the Supreme Court. [3]...