§Why CasetextPricing

State Farm Mutual Automobile Insurance Company et al v. Physicians Group of Sarasota, L.L.C. et al

RESPONSE in Opposition re MOTION to Dismiss Plaintiffs' Complaint

43 Cited authorities

  1. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,204 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  2. Quackenbush v. Allstate Ins. Co.

    517 U.S. 706 (1996)   Cited 2,590 times   5 Legal Analyses
    Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)

  3. Deakins v. Monaghan

    484 U.S. 193 (1988)   Cited 789 times
    Holding that because "[n]o indictment had been returned against the plaintiffs at the time they filed their complaint in the district court . . . there was not, for Younger purposes, any ongoing state proceeding warranting abstention"

  4. Louisiana P. L. Co. v. Thibodaux City

    360 U.S. 25 (1959)   Cited 578 times   1 Legal Analyses
    Holding that a federal action was properly stayed, pending the outcome of parallel state proceedings, where the action involved a matter of state policy — the scope of eminent domain powers of municipalities under state law

  5. Nicholson v. Shafe

    558 F.3d 1266 (11th Cir. 2009)   Cited 341 times
    Holding that “state proceedings have not ended for purposes of Rooker-Feldman when an appeal from a state court judgment remains pending in state court at the time that the state court loser commences the federal court action”

  6. Ameritas Variable Life Ins. Co. v. Roach

    411 F.3d 1328 (11th Cir. 2005)   Cited 323 times   2 Legal Analyses
    Finding no abuse of discretion in district court's decision to dismiss declaratory judgment action in favor of parallel state court action

  7. United Nat. Ins. Co. v. RD Latex Corp.

    242 F.3d 1102 (9th Cir. 2001)   Cited 294 times
    Holding that sua sponte Rule 11 sanctions, for which there is no "safe harbor" for attorneys to correct or withdraw their challenged filings, should ordinarily be imposed only in situations that are akin to contempt of court

  8. U.S. v. City of Las Cruces

    289 F.3d 1170 (10th Cir. 2002)   Cited 240 times
    Holding that the more permissive discretionary standard for granting a stay set forth in Brillhart and Mhoon is applicable only when the plaintiff seeks a declaration of its rights with no request for coercive relief and citing Safety Nat'l Cas. Corp. v. Bristol-Myers Squibb Co., 214 F.3d 562, 564 (5th Cir. 2000), for the proposition that the "broad Brillhart standard [is] inappropriate" in "a suit seeking coercive relief as well as declaratory relief"

  9. Ambrosia Coal and Const. v. Pagés Morales

    368 F.3d 1320 (11th Cir. 2004)   Cited 224 times
    Holding that, in that instance, abstention was not appropriate

  10. Village of Westfield, N.Y. v. Welch's

    170 F.3d 116 (2d Cir. 1999)   Cited 203 times
    Holding that retention of federal jurisdiction is favored where an action does not involve jurisdiction over property and the federal and state forums are equally convenient

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 975 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  13. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 705 times   10 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"

  14. Section 501.203 - Definitions

    Fla. Stat. § 501.203   Cited 256 times   7 Legal Analyses
    Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"

  15. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 159 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

  16. Section 627.732 - Definitions

    Fla. Stat. § 627.732   Cited 72 times   1 Legal Analyses
    Defining “entity wholly owned” as having licensed health care practitioners who are “reflected as the business owners on the title or lease of the physical facility, filing taxes as the business owners, being account holders on the entity's bank account, being listed as the principals on all incorporation documents required by this state, and having ultimate authority over all personnel and compensation decisions relating to the entity”

  17. Section 641.513 - Requirements for providing emergency services and care

    Fla. Stat. § 641.513   Cited 33 times   3 Legal Analyses

    (1) In providing for emergency services and care as a covered service, a health maintenance organization may not: (a) Require prior authorization for the receipt of prehospital transport or treatment or for emergency services and care. (b) Indicate that emergencies are covered only if care is secured within a certain period of time. (c) Use terms such as "life threatening" or "bona fide" to qualify the kind of emergency that is covered. (d) Deny payment based on the subscriber's failure to notify

  18. Section 817.505 - Patient brokering prohibited; exceptions; penalties

    Fla. Stat. § 817.505   Cited 22 times   14 Legal Analyses

    (1) It is unlawful for any person, including any health care provider or health care facility, to: (a) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from a health care provider or health care facility; (b) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash

  19. Section 456.054 - Kickbacks prohibited

    Fla. Stat. § 456.054   Cited 10 times   1 Legal Analyses

    (1) As used in this section, the term "kickback" means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense. (2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly