§Why CasetextPricing

Capshaw et al v. White et al

Brief/Memorandum in Support

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,006 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 274,396 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,153 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Neder v. United States

    527 U.S. 1 (1999)   Cited 5,019 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

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

    579 U.S. 176 (2016)   Cited 907 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"

  6. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 425 times   18 Legal Analyses
    Holding that an action under subsection requires a relater to allege "that the defendant intended that the false record or statement be material to the Government's decision to pay or approve the false claim"

  7. Wilson v. Kellogg Brown

    525 F.3d 370 (4th Cir. 2008)   Cited 947 times   4 Legal Analyses
    Holding that "[t]o satisfy first element of an FCA claim, the statement or conduct alleged must represent an objective falsehood" and "imprecise statements or differences in interpretation growing out of a disputed legal question are not false under the FCA"

  8. 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

  9. U.S. ex Rel. Willard v. Humana Health Plan

    336 F.3d 375 (5th Cir. 2003)   Cited 969 times
    Holding that the district court did not abuse its discretion in not allowing the plaintiff to amend its complaint because the plaintiff had already had two opportunities to amend their complaint

  10. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 938 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  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 355,194 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 160,731 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 39,632 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,729 times   147 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,854 times   649 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  16. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,500 times   436 Legal Analyses
    Granting the government primary responsibility for conducting suit

  17. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 425 times   137 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"

  18. Section 32.039 - Damages and Penalties

    Tex. Hum. Res. Code § 32.039   Cited 13 times
    Outlining "Damages and Penalties" the State may seek in an administrative action against a provider accused of Medicaid fraud

  19. Section 411.351 - Definitions

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