§Why CasetextPricing

United States of America et al v. Bayer A.G. et al

BRIEF/MEMORANDUM in Support re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Graham County Soil v. U.S. ex rel. Wilson

    559 U.S. 280 (2010)   Cited 465 times   6 Legal Analyses
    Holding “administrative” refers to activities of governmental agencies or their contractors

  3. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 419 times   18 Legal Analyses
    Holding that an action under subsection requires a relater to allege "that the defendant intended that the false record or statement be material to the Government's decision to pay or approve the false claim"

  4. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,992 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  5. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,595 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"

  6. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 783 times   11 Legal Analyses
    Holding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims

  7. U.S. ex Rel. Garst v. Lockheed-Martin Corp.

    328 F.3d 374 (7th Cir. 2003)   Cited 697 times
    Holding that a court could not dismiss a complaint merely because it contains repetitious and irrelevant matter, as "surplus-age in a complaint can be ignored"

  8. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 677 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  9. U.S. ex Rel. Lusby v. Rolls-Royce Corp.

    570 F.3d 849 (7th Cir. 2009)   Cited 380 times   4 Legal Analyses
    Holding that a plaintiff need not allege a specific individual claim to satisfy Rule 9(b)

  10. Mikes v. Straus

    274 F.3d 687 (2d Cir. 2001)   Cited 434 times   27 Legal Analyses
    Holding that false certification theory applies when "governing federal rules . . . are a precondition to payment"

  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 348,617 times   930 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,698 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,769 times   631 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  15. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,406 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  16. Section 355a - Pediatric studies of drugs

    21 U.S.C. § 355a   Cited 68 times   12 Legal Analyses

    (a) Definitions As used in this section, the term "pediatric studies" or "studies" means at least one clinical investigation (that, at the Secretary's discretion, may include pharmacokinetic studies) in pediatric age groups (including neonates in appropriate cases) in which a drug is anticipated to be used, and, at the discretion of the Secretary, may include preclinical studies. (b) Market exclusivity for new drugs (1) In general Except as provided in paragraph (2), if, prior to approval of an application