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U.S. ex Rel. Hebert v. Dizney

United States Court of Appeals, Fifth Circuit
Oct 10, 2008
295 F. App'x 717 (5th Cir. 2008)

Summary

holding that parties must identify "specific action of specific individuals at specific times that would constitute fraud against the government"

Summary of this case from United States ex rel. Capshaw v. White

Opinion

No. 07-31053.

October 10, 2008.

James F. Willeford, New Orleans, LA, for Plaintiffs-Appellants.

James A. Cobb, Jr., Emmett, Cobb, Waits Henning, New Orleans, LA, for Defendants-Appellees.

John Francis Emmett, Emmett, Cobb, Waits Henning, New Orleans, LA, for Ten Broeck-Dupont Hospital, Ten Broeck-KMI Hospital, Ten Broeck Jacksonville LLC, Ten Broeck Hospitals Inc.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:03-CV-437.

Before BARKSDALE, BENAVIDES, and DENNIS, Circuit Judges.



Summaries of

U.S. ex Rel. Hebert v. Dizney

United States Court of Appeals, Fifth Circuit
Oct 10, 2008
295 F. App'x 717 (5th Cir. 2008)

holding that parties must identify "specific action of specific individuals at specific times that would constitute fraud against the government"

Summary of this case from United States ex rel. Capshaw v. White

denying leave to amend when plaintiffs filed an original complaint and two amended complaints

Summary of this case from Chowdary v. Ozcelebi (In re Ozcelebi)

affirming the district court's denial of Rule 59(e) motion to amend complaint when the litigants "d[id] not argue that their proposed amendment raised any facts which were not available previous to the district court's opinion" (quoting Rosenzweig, 332 F.3d at 865)

Summary of this case from Miguel v. McLane

affirming denial of post-judgment motion for leave to amend because proposed amendment did not "raise[] any facts which were not available previous to the district court's opinion"

Summary of this case from Kinder Morgan, Inc. v. Crout

rejecting False Claim Act claim where relator alleged a general policy of waiving copays, but failed to cite any example with specificity

Summary of this case from United States ex rel. O'Donnell v. Am. at Home Healthcare & Nursing Servs., Ltd.

rejecting False Claim Act claim where relator alleged a general policy of waiving copays, but failed to cite any example with specificity

Summary of this case from United States v. Ukranian Vill. Pharmacy, Inc.

recognizing the need for plaintiffs in FCA cases with multiple corporate defendants to plead with particularity the identity of corporate actors making the misrepresentations

Summary of this case from United States v. BNP Paribas SA

applying Rule 15 in evaluation of Rule 59(e) motion following dismissal with prejudice of FCA claims

Summary of this case from United States ex rel. Spicer v. Westbrook

deny-ing leave to amend when plaintiffs filed an original complaint and two amended complaints

Summary of this case from In re Ozcelebi
Case details for

U.S. ex Rel. Hebert v. Dizney

Case Details

Full title:UNITED STATES of America ex rel. Bernie A. HEBERT, Jr. and Gwendolyn M…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 10, 2008

Citations

295 F. App'x 717 (5th Cir. 2008)

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