§Why CasetextPricing

Carpenter, ex rel. v. Abbott Laboratories

REPLY to Response to 42 MOTION to Dismiss

23 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,387 times   369 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

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

    553 U.S. 662 (2008)   Cited 427 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"

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

    565 F.3d 180 (5th Cir. 2009)   Cited 811 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

  4. United States ex rel. Karvelas v. Melrose-Wakefield Hospital

    360 F.3d 220 (1st Cir. 2004)   Cited 374 times   4 Legal Analyses
    Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"

  5. Hopper v. Solvay Pharmaceuticals

    588 F.3d 1318 (11th Cir. 2009)   Cited 241 times   5 Legal Analyses
    Holding a complaint deficient when it "d[id] not link the alleged false statements to the government's decision to pay false claims."

  6. U.S. ex Rel. Gagne v. City of Worcester

    565 F.3d 40 (1st Cir. 2009)   Cited 234 times   1 Legal Analyses
    Holding that Rule 9(b) may be satisfied "where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA"

  7. U.S. Duxbury v. Ortho Biotech Pro

    579 F.3d 13 (1st Cir. 2009)   Cited 155 times   14 Legal Analyses
    Holding that, in actions “in which the defendant induced third parties to file false claims with the government,” it was not necessary to “provid[e] details as to each false claim” if there were “factual or statistical evidence to strengthen the inference of fraud beyond possibility”

  8. U.S. v. Pfizer

    507 F.3d 720 (1st Cir. 2007)   Cited 159 times   6 Legal Analyses
    Holding that a complaint does not meet the requirements of Rule 9 when the complaint did not “give notice to [the defendant] of false claims submitted by others for federal reimbursement of off-label uses, only of illegal practices in promotion of the drug”

  9. U.S. ex Rel. Franklin v. Parke-Davis

    147 F. Supp. 2d 39 (D. Mass. 2001)   Cited 88 times   3 Legal Analyses
    Holding defendant could be liable when the submission of false claims was foreseeable

  10. Conn. Gen. Life Ins. v. Universal Ins. Co.

    838 F.2d 612 (1st Cir. 1988)   Cited 115 times
    Holding that the failure to plead a particular legal theory, when the plaintiff pled two related legal theories, was not a bar to recovery

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,088 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,936 times   659 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 1001.952 - [Effective until 10/1/2025] Exceptions

    42 C.F.R. § 1001.952   Cited 141 times   168 Legal Analyses
    Concerning "payment made by a lessee to a lessor"