25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 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
  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,728 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  4. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 953 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
  5. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 837 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims
  6. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 720 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
  7. Resnick v. Avmed, Inc.

    693 F.3d 1317 (11th Cir. 2012)   Cited 470 times   18 Legal Analyses
    Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim
  8. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 562 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
  9. Atkins v. McInteer

    470 F.3d 1350 (11th Cir. 2006)   Cited 509 times   4 Legal Analyses
    Holding that denial of leave to amend was not an abuse of discretion where the relator “failed to include the proposed amendment or the substance thereof” with his request
  10. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 549 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs
  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 362,607 times   962 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 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 101,144 times   141 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,962 times   667 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  16. Section 1345 - United States as plaintiff

    28 U.S.C. § 1345   Cited 3,006 times   4 Legal Analyses
    Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"
  17. Section 3732 - False claims jurisdiction

    31 U.S.C. § 3732   Cited 284 times   3 Legal Analyses
    Granting jurisdiction to district courts "over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730"
  18. Section 68.082 - False claims against the state; definitions; liability

    Fla. Stat. § 68.082   Cited 42 times   7 Legal Analyses

    (1) As used in this section, the term: (a) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the state has title to the money or property, that: 1. Is presented to any employee, officer, or agent of the state; or 2. Is made to a contractor, grantee, or other recipient if the state provides or has provided any portion of the money or property requested or demanded, or if the state will reimburse the contractor, grantee, or other