§Why CasetextPricing

Alverson et al v. Community Health Systems Inc et al

RESPONSE in Opposition re MOTION for More Definite Statement Under Rule 12

27 Cited authorities

  1. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 943 times   4 Legal Analyses
    Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

  2. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 837 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  3. Crowe v. Coleman

    113 F.3d 1536 (11th Cir. 1997)   Cited 685 times
    Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"

  4. Corley v. Rosewood Care Ctr., Inc., Peoria

    142 F.3d 1041 (7th Cir. 1998)   Cited 308 times
    Holding that conditional payment "does not moot the appeal because the appellate court can fashion effective relief . . . by ordering that the sum paid . . . be returned"

  5. Cullen v. Margiotta

    811 F.2d 698 (2d Cir. 1987)   Cited 410 times   1 Legal Analyses
    Holding RICO claim was not barred by prior New York judgment

  6. Durham v. Business Management Associates

    847 F.2d 1505 (11th Cir. 1988)   Cited 353 times
    Holding allegation of use of the mails sufficient, where plaintiffs' allegation that "correspondence and other communications concerning [the alleged scheme to defraud] took place through . . . the mails" was supported by an attached affidavit from a recipient describing such correspondence, even though dates and times of mailings were not stated

  7. Roeder v. Alpha Industries, Inc.

    814 F.2d 22 (1st Cir. 1987)   Cited 337 times   2 Legal Analyses
    Holding that a company's practice of bribery is material information, even if the criminal conduct has not yet become the subject of investigation

  8. Mitchell v. E-Z Way Towers, Inc.

    269 F.2d 126 (5th Cir. 1959)   Cited 362 times
    Holding that Rule 12(e) is not to be used as a substitute for discovery

  9. Petro-Tech v. Western Co. of North America

    824 F.2d 1349 (3d Cir. 1987)   Cited 161 times
    Holding that imposing "respondeat superior" on a corporate defendant named as the RICO enterprise under section 1962(c) "would disrupt the intended operation of [section] 1962(c), by making the [section] 1962(c) enterprise . . . liable"

  10. Motorola, Inc. v. Lemko Corp.

    609 F. Supp. 2d 760 (N.D. Ill. 2009)   Cited 66 times   1 Legal Analyses
    Holding that a complaint that alleged over $5,000 in damages during a one year period due to unauthorized access to confidential information on protected computers is sufficient to state a claim under the CFAA

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,661 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,376 times   410 Legal Analyses
    Holding cellular phones are protected