29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,562 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail
  3. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 798 times   11 Legal Analyses
    Holding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims
  4. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 683 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory
  5. U.S. ex Rel. Wilkins v. United Health Group

    No. 10-2747 (3d Cir. Jun. 30, 2011)   Cited 374 times   5 Legal Analyses
    Holding that plaintiffs "need not allege a relationship between the alleged [anti-kickback] violations and the claims ... submitted to the Government"
  6. U.S. ex Rel. Steury v. Cardinal Health, Inc.

    625 F.3d 262 (5th Cir. 2010)   Cited 319 times   7 Legal Analyses
    Holding that denial of leave to amend may be warranted for undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies, undue prejudice to the opposing party, or futility of a proposed amendment
  7. Villarreal v. Wells Fargo Bank, N.A.

    814 F.3d 763 (5th Cir. 2016)   Cited 203 times
    Holding that the district court properly dismissed the plaintiff's breach of contract claim when the plaintiff failed to plead facts showing her performance and "the notices that [the defendant] sent . . . and attached to its motion to dismiss . . . revealed that [the plaintiff] was in default"
  8. United States ex rel. Spicer v. Westbrook

    751 F.3d 354 (5th Cir. 2014)   Cited 153 times
    Holding that disclosure obligation was triggered for debtor whose estate was the relator in a qui tam action
  9. U.S. v. Southland Management Corp.

    326 F.3d 669 (5th Cir. 2003)   Cited 149 times   2 Legal Analyses
    Holding that compliance with regulations would not have led immediately to termination of housing assistance payments where intervening steps would likely have been taken before withholding payments
  10. U.S. v. Continental Common

    553 F.3d 869 (5th Cir. 2008)   Cited 72 times
    Holding that to plead a false claim the relator must "state the factual basis for the fraudulent claim with particularity and cannot rely on speculation or conclusional allegations"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 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 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,840 times   648 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  16. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,477 times   325 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals
  17. Section 1395y - Exclusions from coverage and medicare as secondary payer

    42 U.S.C. § 1395y   Cited 1,311 times   66 Legal Analyses
    Granting the government subrogation rights
  18. Section 1320a - Uniform reporting systems for health services facilities and organizations

    42 U.S.C. § 1320a   Cited 61 times   2 Legal Analyses

    (a) Establishment; criteria for regulations; requirements for hospitals For the purposes of reporting the cost of services provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing facilities, intermediate care facilities, home health agencies, health maintenance organizations, and other types of health services facilities and organizations to which payment may be made under this chapter, the Secretary shall establish by