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Rigsby et al v. State Farm Fire and Casualty Company et al

MEMORANDUM in Opposition re MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12

54 Cited authorities

  1. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,302 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  2. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,511 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

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

    336 F.3d 375 (5th Cir. 2003)   Cited 953 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

  4. Hart v. Bayer Corp.

    199 F.3d 239 (5th Cir. 2000)   Cited 1,005 times   1 Legal Analyses
    Holding that the mere fact that a given federal law might "apply" or even provide a federal defense to a state-law cause of action, is insufficient alone to establish federal question jurisdiction

  5. U.S. ex rel Riley v. St. Luke's Episcopal Hosp

    355 F.3d 370 (5th Cir. 2004)   Cited 869 times   2 Legal Analyses
    Holding relator’s complaint "sufficiently allege[d] that statements were known to be false, rather than just erroneous, because she assert[ed] that Defendants ordered the services knowing they were unnecessary"

  6. Williams v. WMX Technologies, Inc.

    112 F.3d 175 (5th Cir. 1997)   Cited 1,034 times
    Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

  7. Tuchman v. DSC Commc'ns Corp.

    14 F.3d 1061 (5th Cir. 1994)   Cited 1,134 times   1 Legal Analyses
    Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)

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

    290 F.3d 1301 (11th Cir. 2002)   Cited 818 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  9. Guidry v. Bank of LaPlace

    954 F.2d 278 (5th Cir. 1992)   Cited 952 times
    Holding that conclusory allegations and unwarranted deductions of fact are not admitted as true

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

    125 F.3d 899 (5th Cir. 1997)   Cited 677 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,479 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 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 6,740 times   628 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  14. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,376 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit