§Why CasetextPricing

Ruckh v. Genoa Healthcare Consulting, LLC

RESPONSE in Opposition re MOTION for summary judgment

28 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. United States v. Four Parcels of Real Prop.

    941 F.2d 1428 (11th Cir. 1991)   Cited 2,096 times
    Holding that "[t]o prevail, the moving party must do one of two things: show that the non-moving party has no evidence to support its case, or present "affirmative evidence demonstrating that the non-moving party will be unable to prove its case at trial."

  3. Alabama v. North Carolina

    560 U.S. 330 (2010)   Cited 215 times
    Rejecting an implied duty of good faith and fair dealing in interstate compacts

  4. Tipton v. Bergrohr GMBH-Siegen

    965 F.2d 994 (11th Cir. 1992)   Cited 1,030 times

    No. 90-3677. July 8, 1992. Rehearing and Rehearing En Banc Denied September 4, 1992. William A. Bald and Stephen J. Pajcic, III, Jacksonville, Fla., for plaintiffs-appellants. Lynn C. Higby, and Harry L. Harper, Bryant, Higby Williams, Panama City, Fla., for Bergrohr GMBH-Siegen and Bergrohr GMBH-Herne. Appeal from the United States District Court for the Northern District of Florida. Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and HENDERSON, Senior Circuit Judge. TJOFLAT, Chief Judge: The

  5. United States v. Science Applications International Corp.

    626 F.3d 1257 (D.C. Cir. 2010)   Cited 204 times   19 Legal Analyses
    Holding monthly invoice qualified as a false claim under the FCA

  6. United States v. Medco Health Solutions, Inc.

    671 F.3d 1217 (11th Cir. 2012)   Cited 160 times   1 Legal Analyses
    Holding that relator plead compliance certification with particularity by identifying the specific documents and statements alleged to be false, along with who made them, how they were used, and when they were submitted

  7. United States v. Triple Canopy, Inc.

    775 F.3d 628 (4th Cir. 2015)   Cited 106 times   15 Legal Analyses
    Holding that because a security guard's marksmanship ability was central to the prime contractor's performance obligations, it had “impliedly certified” compliance with that contractual obligation

  8. McNutt ex rel. United States v. Haleyville Medical Supplies, Inc.

    423 F.3d 1256 (11th Cir. 2005)   Cited 124 times   3 Legal Analyses
    Holding that violations of the Anti-kickback statute are actionable as false statements under the FCA

  9. U.S. v. Bourseau

    531 F.3d 1159 (9th Cir. 2008)   Cited 105 times
    Holding "that the FCA includes a materiality requirement"

  10. Cooper v. Marten Transp., Ltd.

    539 F. App'x 963 (11th Cir. 2013)   Cited 38 times   1 Legal Analyses
    Finding that the opinions of plaintiffs' treating doctors were unreliable because they "simply conducted physical examinations and reviewed the Coopers' medical histories to arrive at the[ir] conclusion that the 2010 collision caused the Coopers' injuries" (citing Kilpatrick v. Breg, Inc. , 613 F.3d 1329, 1342 (11th Cir.2010), and Hendrix v. Evenflo Co., Inc. , 609 F.3d 1183, 1197 (11th Cir.2010) (indicating that "an expert must provide reasons for rejecting alternative hypotheses using scientific methods and procedures and the elimination of those hypotheses must be founded on more than subjective beliefs or unsupported speculation" (quotation omitted)))

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,766 times   630 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Rule 301 - Presumptions in Civil Cases Generally

    Fed. R. Evid. 301   Cited 644 times   18 Legal Analyses
    Explaining presumptions

  14. Section 1320a-7a - Civil monetary penalties

    42 U.S.C. § 1320a-7a   Cited 214 times   104 Legal Analyses
    Authorizing judicial review

  15. Section 68.082 - False claims against the state; definitions; liability

    Fla. Stat. § 68.082   Cited 38 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

  16. Section 483.25 - Quality of care

    42 C.F.R. § 483.25   Cited 163 times   7 Legal Analyses
    Governing accidents

  17. Section 405.371 - Suspension, offset, and recoupment of Medicare payments to providers and suppliers of services

    42 C.F.R. § 405.371   Cited 111 times   2 Legal Analyses
    Authorizing carriers to suspend payments under circumstances involving fraud or willful misrepresentation

  18. Section 483.20 - Resident assessment

    42 C.F.R. § 483.20   Cited 58 times   20 Legal Analyses

    The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. (a)Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident's immediate care. (b)Comprehensive assessments - (1)Resident assessment instrument. A facility must make a comprehensive assessment of a resident's needs, strengths, goals, life history and preferences, using the resident assessment

  19. Section 59G-5.020 - Provider Requirements

    Fla. Admin. Code R. 59G-5.020   Cited 1 times
    Requiring compliance with the Florida Medicaid Provider General Handbook

  20. Section 59G-4.200 - Nursing Facility Services

    Fla. Admin. Code R. 59G-4.200   Cited 1 times

    (1) This rule applies to any person or entity prescribing or reviewing a request for nursing facility services and to all providers of nursing facility services who are enrolled in or registered with the Florida Medicaid program. (2) All providers of nursing facility services must be in compliance with the provisions of the Florida Medicaid Nursing Facility Services Coverage Policy, May 2016, incorporated by reference. The policy is available on the Agency for Health Care Administration's website