A pair of recent decisions from the Northern District of New York focus on pleading pitfalls.
In United States ex rel. Klein v. Empire Educ., No. 1:11-CV-0035 (DNH), 2013 U.S. Dist. LEXIS 113932 (NDNY Aug. 13, 2013), the plaintiff, a former director of career services for the defendant educational institution, alleged that the institution fraudulently certified its compliance with all federal and state laws, which was allegedly a condition for the defendant’s receipt of Title IV loan funding (such as federal Stafford and Perkins loans, and Pell Grants). Plaintiff also alleged that he had been unlawfully discharged in retaliation for reporting the fraud to his employer.
