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Benaissa v. Trinity Health et al
MOTION to Dismiss for Failure to State a Claim
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Cited Authorities
Cited Authorities
5
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Cited authorities
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 357,946 times
950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8
Cited 162,144 times
197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9
Cited 39,889 times
331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 3729 - False claims
31 U.S.C. § 3729
Cited 6,901 times
657 Legal Analyses
Holding liable "any person" who knowingly causes false claims to be presented
Section 3730 - Civil actions for false claims
31 U.S.C. § 3730
Cited 5,539 times
451 Legal Analyses
Granting the government primary responsibility for conducting suit