82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  4. Universal Health Servs., Inc. v. United States

    579 U.S. 176 (2016)   Cited 902 times   186 Legal Analyses
    Holding that when a Medicaid claimant "omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for [FCA] liability if they render the defendant's representations misleading"
  5. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,280 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk
  6. Graham County Soil v. U.S. ex rel. Wilson

    559 U.S. 280 (2010)   Cited 475 times   6 Legal Analyses
    Holding “administrative” refers to activities of governmental agencies or their contractors
  7. Eastern Enterprises v. Apfel

    524 U.S. 498 (1998)   Cited 563 times   4 Legal Analyses
    Holding that levying Coal Act premiums on a pre-1978 signatory operator was an unconstitutional taking because the operator never agreed to provide lifetime benefits to its retirees
  8. Perez v. Mortg. Bankers Ass'n

    575 U.S. 92 (2015)   Cited 296 times   36 Legal Analyses
    Holding that Paralyzed Veterans of Am. v. D.C. Arena L.P., 117 F.3d 579 (D.C. Cir. 1997), is not consistent with the APA
  9. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,371 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
  10. United States ex rel. Schumann v. Astrazeneca Pharm. L.P.

    769 F.3d 837 (3d Cir. 2014)   Cited 443 times   1 Legal Analyses
    Determining that a supplemental declaration to plead additional facts that the district court found lacking in the plaintiff's complaint was not "new evidence" because it was available before the court's dismissal
  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 354,229 times   943 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 160,289 times   196 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 63,426 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 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,840 times   648 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  16. Section 1395y - Exclusions from coverage and medicare as secondary payer

    42 U.S.C. § 1395y   Cited 1,311 times   66 Legal Analyses
    Granting the government subrogation rights
  17. Section 352 - Misbranded drugs and devices

    21 U.S.C. § 352   Cited 746 times   75 Legal Analyses
    Setting labeling requirements for drug products
  18. Section 3731 - False claims procedure

    31 U.S.C. § 3731   Cited 589 times   63 Legal Analyses
    Limiting certain FCA actions based on "when facts material to the right of action are known or reasonably should have been known"
  19. Section 37-1-4 - Accounts and unwritten contracts; injuries to property; conversion; fraud; unspecified actions

    N.M. Stat. § 37-1-4   Cited 170 times
    Establishing four-year limitations period for conversion and fraud claims
  20. Section 2064 - Substantial product hazards

    15 U.S.C. § 2064   Cited 118 times   20 Legal Analyses
    Defining “substantial product hazard” to be a product that either fails to comply with an applicable safety standard or contains a product defect
  21. Section 1700.14 - Substances requiring special packaging

    16 C.F.R. § 1700.14   Cited 11 times   3 Legal Analyses
    Designating sodium hydroxide as a substance that requires special packaging
  22. Section 141.86 - Contents of invoices and general requirements

    19 C.F.R. § 141.86   Cited 6 times

    (a)General information required on the invoice. Each invoice of imported merchandise, must set forth the following information: (1) The port of entry to which the merchandise is destined; (2) The time when, the place where, and the person by whom and the person to whom the merchandise is sold or agreed to be sold, or if to be imported otherwise than in pursuance of a purchase, the place from which shipped, the time when and the person to whom and the person by whom it is shipped; (3) A detailed description

  23. Section 447.510 - Requirements for manufacturers

    42 C.F.R. § 447.510   Cited 5 times   3 Legal Analyses

    (a)Quarterly reports. A manufacturer must report product and pricing information for covered outpatient drugs to CMS not later than 30 days after the end of the rebate period. The quarterly pricing report must include the following: (1) AMP, calculated in accordance with § 447.504 . (2) Best price, calculated in accordance with § 447.505 . (3) Customary prompt pay discounts, which are reported as an aggregate dollar amount for each covered outpatient drug at the nine-digit NDC level, provided to

  24. Section 142.3 - Entry documentation required

    19 C.F.R. § 142.3   Cited 4 times

    (a)Contents. Except as provided in paragraph (b) of this section, the entry documentation required to secure the release of merchandise must consist of the following: (1)Entry. CBP Form 3461 (appropriately modified), or its electronic equivalent, except that CBP Form 7533 (appropriately modified), or its electronic equivalent, in duplicate, may be used in place of CBP Form 3461 for merchandise imported from a contiguous country. The form used must be prepared in accordance with § 141.61(a)(1) of

  25. Section 207.33 - What is the National Drug Code (NDC), how is it assigned, and what are its requirements?

    21 C.F.R. § 207.33   Cited 4 times   2 Legal Analyses

    (a)What is the NDC for a drug and what products must have unique NDCs ? The NDC for a drug is a numeric code. Each finished drug product or unfinished drug subject to the listing requirements of this part must have a unique NDC to identify its labeler, product, and package size and type. (b)What is the format of an NDC ? (1) Except as described in paragraph (b)(4) of this section, the NDC must consist of 10 or 11 digits, divided into three segments as follows: (i) The first segment of the NDC is

  26. Section 141.85 - Pro forma invoice

    19 C.F.R. § 141.85

    A pro forma invoice submitted in accordance with any provision of this chapter shall be in substantially the following form: Pro Forma Invoice Importers Statement Of Value Or The Price Paid In The Form Of An Invoice Not being in possession of a commercial seller's or shipper's invoice I request that you accept the statement of value or the price paid in the form of an invoice submitted below: Name of shipper address ________________________ Name of seller address ________________________;. Name of

  27. Section 1701.1 - Special packaging for substances subject to a standard that are distributed to pharmacies to be dispensed pursuant to an order of a licensed medical practitioner

    16 C.F.R. § 1701.1

    (a) In order to assist manufacturers of prescription drugs in discharging their responsibilities under the act concerning such drugs that are distributed to pharmacies, the Consumer Product Safety Commission has codified this statement of its policy concerning which prescription drug packages supplied by manufacturers to pharmacies must comply with the "special" (child-resistant) packaging requirements contained in 16 CFR 1700.15 . (b) Manufacturers of prescription drugs may package such drugs for

  28. Section 207.37 - What restrictions pertain to the use of the NDC?

    21 C.F.R. § 207.37   1 Legal Analyses

    (a) A product may be deemed to be misbranded if an NDC is used: (1) To represent a different drug than the drug for which the NDC has been assigned, as described in § 207.33 ; (2) To denote or imply FDA approval of a drug; or (3) On products that are not subject to parts 207, 607 of this chapter, or 1271 of this chapter, such as dietary supplements and medical devices. (b) If marketing is resumed for a discontinued drug, and no changes have been made to the drug that would require a new NDC under

  29. Section 207.77 - What legal status is conferred by registration and listing?

    21 C.F.R. § 207.77

    (a) Registration of an establishment or listing of a drug does not denote approval of the establishment, the drug, or other drugs of the establishment, nor does it mean that a product may be legally marketed. Any representation that creates an impression of official approval or that a drug is approved or is legally marketable because of registration or listing is misleading and constitutes misbranding. (b) FDA's acceptance of registration and listing information, inclusion of a drug in our database