§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 255,123 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 268,865 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,797 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 4,971 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 876 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"

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

    553 U.S. 662 (2008)   Cited 419 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 926 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. Willard v. Humana Health Plan

    336 F.3d 375 (5th Cir. 2003)   Cited 959 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

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

    565 F.3d 180 (5th Cir. 2009)   Cited 783 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

  10. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 930 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 348,416 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 157,557 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 39,105 times   320 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 36,021 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,769 times   630 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 5,404 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  17. 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"

  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 9 times   3 Legal Analyses
    Defining "fair market value" and "general market value"