§Why CasetextPricing

Jackson v. Mims Pharmacy Services Inc et al

BRIEF/MEMORANDUM in Support re MOTION to Dismiss First Amended Complaint

48 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 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' "

  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,758 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  3. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,781 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

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

    579 U.S. 176 (2016)   Cited 862 times   184 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"

  5. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,416 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  6. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,776 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  7. United States v. Kimbell Foods, Inc.

    440 U.S. 715 (1979)   Cited 864 times   2 Legal Analyses
    Holding that state law should be adopted as federal rule for establishing priority between competing federal and private liens since uniform federal rule was not necessary to protect federal interests

  8. Edwards v. Prime Inc.

    602 F.3d 1276 (11th Cir. 2010)   Cited 1,020 times   4 Legal Analyses
    Holding that legal conclusions about hypothetical facts are dicta

  9. 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

  10. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 817 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  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 345,715 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,116 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,736 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,732 times   627 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 5,367 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  17. Section 49-4-168 - Definitions

    Ga. Code § 49-4-168   Cited 34 times   4 Legal Analyses

    As used in this article, the term: (1) "Claim" includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid

  18. Section 49-4-168.1 - Civil penalties for false or fraudulent Medicaid claims

    Ga. Code § 49-4-168.1   Cited 21 times   2 Legal Analyses

    (a) Any person who: (1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and knowingly

  19. Section 23-3-122 - Investigations by Attorney General; civil actions authorized; intervention by government; limitation on participating in litigation; stay of discovery; alternative remedies; division of recovery; limitations

    Ga. Code § 23-3-122   Cited 8 times   1 Legal Analyses

    (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article. The Attorney General may delegate authority to a district attorney or other appropriate official of a local government to investigate violations that may have resulted in damages to such local government

  20. Section 23-3-121 - Submission of false information; liability; no application to taxation

    Ga. Code § 23-3-121   Cited 6 times
    Defining those who may be liable for submitting a false claim