13 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 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
Universal Health Servs., Inc. v. United States
579 U.S. 176 (2016) Cited 939 times 187 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"
Ocasio v. United States
578 U.S. 282 (2016) Cited 186 times 2 Legal Analyses
Holding that Hobbs Act extortion conspiracy requires proof that the defendant "entered into a conspiracy that had as its objective the obtaining of property from another conspirator with his consent and under color of official right"
Ebeid ex Rel. U.S. v. Lungwitz
616 F.3d 993 (9th Cir. 2010) Cited 537 times 13 Legal Analyses
Holding that qui tam plaintiffs must allege "reliable indicia that lead to a strong inference that claims were actually submitted"
Midland Funding, LLC v. Johnson
137 S. Ct. 1407 (2017) Cited 136 times 12 Legal Analyses
Holding that a debt collector's "filing of a proof of claim [in a bankruptcy proceeding] that on its face indicates that the limitations period has run" does not violate the FDCPA
U.S. v. City of Houston
523 F.3d 333 (5th Cir. 2008) Cited 256 times 2 Legal Analyses
Holding that an FCA relator “must demonstrate that defendants shared a specific intent to defraud the Government”
Crowe v. Henry
43 F.3d 198 (5th Cir. 1995) Cited 246 times
Holding that enterprise must carry on some activity aside from the allegedly unlawful activities described in the complaint
United States ex rel. Kelly v. Serco, Inc.
846 F.3d 325 (9th Cir. 2017) Cited 81 times 15 Legal Analyses
Holding that the existence of a false claim is an "essential element of a false records claim under § 3729(B)," and affirming dthe istrict court's grant of summary judgment where relator failed to raise a genuine issue of material fact regarding the submission of a false or fraudulent claim
Baumer v. Pachl
8 F.3d 1341 (9th Cir. 1993) Cited 133 times
Holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services "well or poorly, properly or improperly"
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 361,619 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 163,952 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,136 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

United States of America et al v. American Professional Ambulance Corp et al

13 Cited authorities

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 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"

Holding that Hobbs Act extortion conspiracy requires proof that the defendant "entered into a conspiracy that had as its objective the obtaining of property from another conspirator with his consent and under color of official right"

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

Holding that a debt collector's "filing of a proof of claim [in a bankruptcy proceeding] that on its face indicates that the limitations period has run" does not violate the FDCPA

Holding that an FCA relator “must demonstrate that defendants shared a specific intent to defraud the Government”

Holding that enterprise must carry on some activity aside from the allegedly unlawful activities described in the complaint

Holding that the existence of a false claim is an "essential element of a false records claim under § 3729(B)," and affirming dthe istrict court's grant of summary judgment where relator failed to raise a genuine issue of material fact regarding the submission of a false or fraudulent claim

Holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services "well or poorly, properly or improperly"

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. . . ."

Requiring that fraud be pleaded with particularity

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