16 Cited authorities

U.S. ex Rel. Clausen v. Laboratory Corp.
290 F.3d 1301 (11th Cir. 2002) Cited 841 times 14 Legal Analyses
Holding Rule 9(b) applies to False Claims Act claims
Corsello v. Lincare, Inc.
428 F.3d 1008 (11th Cir. 2005) Cited 563 times 2 Legal Analyses
Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints
Urquilla-Diaz v. Kaplan Univ.
780 F.3d 1039 (11th Cir. 2015) Cited 389 times 8 Legal Analyses
Holding that plaintiff's "failure to include the adverb solely—a word with no talismanic power—is not enough to preclude the inference that he pleaded a plausible violation of the False Claims Act"
Hopper v. Solvay Pharmaceuticals
588 F.3d 1318 (11th Cir. 2009) Cited 242 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."
U.S. ex Rel. Sanchez v. Lymphatx
596 F.3d 1300 (11th Cir. 2010) Cited 132 times 1 Legal Analyses
Holding that a relator stated a claim for False Claims Act retaliation despite failing to state a claim under Section 3729
Republic of Ecuador v. Hinchee
741 F.3d 1185 (11th Cir. 2013) Cited 97 times 3 Legal Analyses
Holding that defendant failed to adequately assert attorney-client privilege
United States v. Eisai, Inc.
568 F. App'x 783 (11th Cir. 2014) Cited 44 times
Affirming the dismissal of a False Claims Act claim for failure to plead with specificity a kickback
United States ex rel. Davis v. Dist. of Columbia
793 F.3d 120 (D.C. Cir. 2015) Cited 27 times 3 Legal Analyses
Nos. 14–7060 14–7061. 2015-07-10 UNITED STATES of America, ex rel. Michael L. DAVIS, and Michael L. Davis, Appellant v. DISTRICT OF COLUMBIA, Appellee. Sara M. Lord argued the cause for appellant/cross-appellee. With her on the briefs were Tenley A. Carp and Jeffrey S. Jacobovitz. Stacy L. Anderson , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee/cross-appellant. With her on the brief were Karl A. Racine , Attorney General
United States ex rel. Phalp v. Lincare Holdings, Inc.
116 F. Supp. 3d 1326 (S.D. Fla. 2015) Cited 17 times 1 Legal Analyses
Explaining that " ‘even if a defendant submits a false claim, if the defendant's interpretation of a statute or regulation was reasonable, and if there is no authoritative contrary interpretation of the rule, the relator cannot satisfy the knowledge requirement under the False Claims Act.’ "
U.S. v. Prabhu
442 F. Supp. 2d 1008 (D. Nev. 2006) Cited 23 times 5 Legal Analyses
Granting the defendant's motion for summary judgment because the government failed to "establish falsity as a matter of law"
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 363,942 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 101,315 times 694 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 48,510 times 337 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,302 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,841 times 156 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Ruckh v. Genoa Healthcare Consulting, LLC

16 Cited authorities

Holding Rule 9(b) applies to False Claims Act claims

Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints

Holding that plaintiff's "failure to include the adverb solely—a word with no talismanic power—is not enough to preclude the inference that he pleaded a plausible violation of the False Claims Act"

Holding a complaint deficient when it "d[id] not link the alleged false statements to the government's decision to pay false claims."

Holding that a relator stated a claim for False Claims Act retaliation despite failing to state a claim under Section 3729

Holding that defendant failed to adequately assert attorney-client privilege

Affirming the dismissal of a False Claims Act claim for failure to plead with specificity a kickback

Explaining that " ‘even if a defendant submits a false claim, if the defendant's interpretation of a statute or regulation was reasonable, and if there is no authoritative contrary interpretation of the rule, the relator cannot satisfy the knowledge requirement under the False Claims Act.’ "

Granting the defendant's motion for summary judgment because the government failed to "establish falsity as a matter of law"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Requiring that fraud be pleaded with particularity

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."