§Why CasetextPricing

Chittum, et al V East Mental Health Services, Llc

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 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. Mylan Laboratories, Inc. v. Matkari

    7 F.3d 1130 (4th Cir. 1993)   Cited 4,022 times   2 Legal Analyses
    Holding that the plaintiff's "claims that the defendants falsely represented that their drugs had been ‘properly approved by the FDA’ must fail"

  3. Laber v. Harvey

    438 F.3d 404 (4th Cir. 2006)   Cited 2,095 times   1 Legal Analyses
    Holding that a federal employee cannot bring a civil action placing only the allegedly insufficient administrative remedy at issue-the employee must also place the finding of discrimination at issue

  4. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,987 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  5. Wilson v. Kellogg Brown

    525 F.3d 370 (4th Cir. 2008)   Cited 918 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"

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

    336 F.3d 375 (5th Cir. 2003)   Cited 950 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

  7. Johnson v. Oroweat Foods Co.

    785 F.2d 503 (4th Cir. 1986)   Cited 1,246 times
    Holding that a motion for leave to amend should be denied "when the proposed amendment is clearly insufficient or frivolous on its face."

  8. United States ex rel. Nathan v. Takeda Pharms. N. Am., Inc.

    707 F.3d 451 (4th Cir. 2013)   Cited 452 times   9 Legal Analyses
    Holding that the district court did not abuse its discretion in denying plaintiff leave to file a fourth amended complaint after repeated prior dismissals for failure to sufficiently plead his claim

  9. Wag More Dogs, Ltd. v. Cozart

    680 F.3d 359 (4th Cir. 2012)   Cited 457 times
    Holding that business' outdoor mural was commercial speech where business conceded that the mural was advertising, the mural included part of the business' logo, and the business “had an economic motivation for displaying the painting”

  10. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 676 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  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 345,982 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,735 times   628 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented