§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 255,028 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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

    579 U.S. 176 (2016)   Cited 874 times   185 Legal Analyses
    Holding that " misrepresentation" about a claim's compliance with the law "must be material to the Government's payment decision in order to be actionable under the [FCA]," and that the Government's payment of "a particular claim in full despite its actual knowledge that certain requirements were violated . . . is very strong evidence that those requirements are not material"

  4. Cinel v. Connick

    15 F.3d 1338 (5th Cir. 1994)   Cited 1,614 times
    Holding that an appellant abandons issues not raised and argued in its initial brief on appeal

  5. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 850 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

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

    565 F.3d 180 (5th Cir. 2009)   Cited 782 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 874 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 822 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 519 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 540 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 348,310 times   930 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 157,506 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 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,768 times   630 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 1,454 times   316 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 815 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 617 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 583 times   63 Legal Analyses
    In § 3731(a), Congress apparently used the phrase "under section 3730" to mean all three § 3730 actions. § 3731(a) (a "subpoena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States").

  19. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 419 times   134 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 232 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 9 times   3 Legal Analyses
    Defining "fair market value" and "general market value"