Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Daimler AG v. Bauman

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Int'l Shoe Co. v. Washington

Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

Vess v. Ciba-Geigy Corp. USA

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Wisconsin v. Mitchell

Holding that a minor or speculative chilling effect does not trigger First Amendment scrutiny

Bly-Magee v. California

Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

Ebeid ex Rel. U.S. v. Lungwitz

Holding that qui tam plaintiffs must allege "reliable indicia that lead to a strong inference that claims were actually submitted"

U.S. ex Rel. Hendow v. University of Phoenix

Holding an essential element of FCA liability is that there is an underlying false claim or fraudulent course of conduct

U.S. ex Rel. Hutcheson v. Blackstone Medical

Holding that hospitals' claims for reimbursement of doctor's services using medical devices were "false" under the FCA where the doctors had accepted kickbacks from the medical device manufacturer

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Section 3729 - False claims

Holding liable "any person" who knowingly causes false claims to be presented

Section 301 - Short title

Section 331 - Prohibited acts

Prohibiting the sale of adulterated foods

Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

Section 352 - Misbranded drugs and devices

Setting labeling requirements for drug products

Section 1395ww - Payments to hospitals for inpatient hospital services

Providing for a wage-index adjustment

Section 3287 - Wartime suspension of limitations

Tolling statute of limitations for any offense involving fraud against the property of the United States until three years after the termination of hostilities

Section 645.21 - PRESUMPTION AGAINST RETROACTIVE EFFECT

Stating that generally, a law is not construed to be retroactive unless the legislature clearly intended it to be retroactive

Section 201.57 - Specific requirements on content and format of labeling for human prescription drug and biological products described in Section 201.56(b)(1)

Listing requirements for different subsections for indications, dosage, and clinical studies