A. Samuel Enloe v. Heritage Operations Group, LLC

Summary

The court affirmed dismissal of Enloe’s False Claims Act complaint under Rule 12(b)(6) because he did not plead the alleged fraud with the particularity required by Rule 9(b). His theory relied on assumptions drawn from an internal policy and pharmacy hours, without concrete examples showing unlawful dispensing or false claims, and he also failed to plead that any regulatory violation was material to Medicare’s payment decision. The court held that vague regulatory guidance and prior settlements could not supply the missing factual allegations.