40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,946 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,983 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
Christianson v. Colt Indus. Operating Corp.
486 U.S. 800 (1988) Cited 3,195 times 21 Legal Analyses
Holding that the appeal belonged before the regional circuit because the claims did not arise under patent law
Office of Personnel Management v. Richmond
496 U.S. 414 (1990) Cited 804 times 2 Legal Analyses
Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"
U.S. v. Shipbuilding
473 F.3d 506 (3d Cir. 2007) Cited 509 times 1 Legal Analyses
Holding that where "it would not have been futile to replead dismissed claims but those claims are nevertheless omitted from an amended pleading, the right to challenge the basis for dismissal on appeal is waived"
U.S. ex Rel. Wilkins v. United Health Group
No. 10-2747 (3d Cir. Jun. 30, 2011) Cited 376 times 5 Legal Analyses
Holding that plaintiffs "need not allege a relationship between the alleged [anti-kickback] violations and the claims ... submitted to the Government"
U.S. ex Rel. Lusby v. Rolls-Royce Corp.
570 F.3d 849 (7th Cir. 2009) Cited 390 times 4 Legal Analyses
Holding that a plaintiff need not allege a specific individual claim to satisfy Rule 9(b)
U.S. v. Summerlin
310 U.S. 414 (1940) Cited 601 times 1 Legal Analyses
Holding that the United States is not bound by state statutes of limitation when enforcing delinquent tax liabilities
Cipollone v. Liggett Group, Inc.
789 F.2d 181 (3d Cir. 1986) Cited 239 times
Holding that absence of explicit reference to state common law in preemption section of Cigarette Labelling and Advertising Act indicated no express intent to preempt common law cause of action
Tyco Fire Products LP v. Victaulic Co.
777 F. Supp. 2d 893 (E.D. Pa. 2011) Cited 110 times 2 Legal Analyses
Holding an affirmative defense was sufficiently pled when it merely stated the plaintiff's patents were invalid as to particular sections under Title 35
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 361,663 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,974 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 100,904 times 140 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."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,144 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 3729 - False claims
31 U.S.C. § 3729 Cited 6,943 times 666 Legal Analyses
Holding liable "any person" who knowingly causes false claims to be presented
Section 3730 - Civil actions for false claims
31 U.S.C. § 3730 Cited 5,581 times 454 Legal Analyses
Granting the relator up to 30% of any government recovery
Section 1345 - United States as plaintiff
28 U.S.C. § 1345 Cited 3,004 times 4 Legal Analyses
Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"
Section 3731 - False claims procedure
31 U.S.C. § 3731 Cited 592 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"
Section 516 - Conduct of litigation reserved to Department of Justice
28 U.S.C. § 516 Cited 338 times 1 Legal Analyses
Granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States

SPAY v. CVS CAREMARK CORPORATION

40 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that the appeal belonged before the regional circuit because the claims did not arise under patent law

Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"

Holding that where "it would not have been futile to replead dismissed claims but those claims are nevertheless omitted from an amended pleading, the right to challenge the basis for dismissal on appeal is waived"

Holding that plaintiffs "need not allege a relationship between the alleged [anti-kickback] violations and the claims ... submitted to the Government"

Holding that a plaintiff need not allege a specific individual claim to satisfy Rule 9(b)

Holding that the United States is not bound by state statutes of limitation when enforcing delinquent tax liabilities

Holding that absence of explicit reference to state common law in preemption section of Cigarette Labelling and Advertising Act indicated no express intent to preempt common law cause of action

Holding an affirmative defense was sufficiently pled when it merely stated the plaintiff's patents were invalid as to particular sections under Title 35

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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."

Requiring that fraud be pleaded with particularity

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

Granting the relator up to 30% of any government recovery

Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"

Limiting certain FCA actions based on "when facts material to the right of action are known or reasonably should have been known"

Granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States