§Why CasetextPricing

Capshaw et al v. White et al

Brief/Memorandum in Support

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,602 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,949 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Universal Health Servs., Inc. v. United States

    579 U.S. 176 (2016)   Cited 912 times   187 Legal Analyses
    Holding that when a Medicaid claimant "omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for [FCA] liability if they render the defendant's representations misleading"

  4. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 878 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal

  5. Cinel v. Connick

    15 F.3d 1338 (5th Cir. 1994)   Cited 1,635 times
    Holding that an appellant abandons issues not raised and argued in its initial brief on appeal

  6. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 799 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

  7. U.S. ex rel Riley v. St. Luke's Episcopal Hosp

    355 F.3d 370 (5th Cir. 2004)   Cited 897 times   2 Legal Analyses
    Holding relator’s complaint "sufficiently allege[d] that statements were known to be false, rather than just erroneous, because she assert[ed] that Defendants ordered the services knowing they were unnecessary"

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

    290 F.3d 1301 (11th Cir. 2002)   Cited 831 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  9. Ebeid ex Rel. U.S. v. Lungwitz

    616 F.3d 993 (9th Cir. 2010)   Cited 532 times   13 Legal Analyses
    Holding that qui tam plaintiffs must allege "reliable indicia that lead to a strong inference that claims were actually submitted"

  10. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 548 times   2 Legal Analyses
    Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints

  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 355,868 times   945 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 161,044 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 39,699 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,862 times   650 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  15. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,486 times   327 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  16. Section 12.34 - Third Degree Felony Punishment

    Tex. Pen. Code § 12.34   Cited 823 times   1 Legal Analyses
    Establishing the punishment range of two to ten years

  17. Section 1396b - Payment to States

    42 U.S.C. § 1396b   Cited 621 times   5 Legal Analyses
    Setting forth, inter alia, requirements of state Medicaid fraud units

  18. Section 3731 - False claims procedure

    31 U.S.C. § 3731   Cited 590 times   63 Legal Analyses
    Limiting certain FCA actions based on "when facts material to the right of action are known or reasonably should have been known"

  19. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 426 times   137 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"

  20. Section 3.02 - Consolidation and Joinder of Prosecutions

    Tex. Pen. Code § 3.02   Cited 237 times
    Granting State right to join multiple offenses arising from single criminal action by filing notice of joinder, subject to defendant's right to severance

  21. Section 424.22 - Requirements for home health services

    42 C.F.R. § 424.22   Cited 32 times   14 Legal Analyses
    Stating that a face-to-face encounter must be performed by the certifying physician or other qualified non-physicians working "in collaboration with" or "under the supervision of" the certifying physician

  22. Section 411.351 - Definitions

    42 C.F.R. § 411.351   Cited 11 times   4 Legal Analyses
    Defining "fair market value" and "general market value"