§Why CasetextPricing

United States of America et al v. Davita Healthcare Partners Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

40 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 20,243 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,323 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,178 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  4. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,641 times   35 Legal Analyses
    Holding that States are not subject to private FCA actions

  5. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,619 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  6. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,430 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

  7. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,428 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  8. Knapp v. Hogan

    738 F.3d 1106 (9th Cir. 2013)   Cited 781 times
    Holding dismissals for repeatedly violating "short and plain statement" requirement constitute dismissals for failure to state a claim under Section 1915(g)

  9. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,188 times   1 Legal Analyses
    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)

  10. Vicom v. Harbridge Merchant Services, Inc.

    20 F.3d 771 (7th Cir. 1994)   Cited 1,228 times
    Holding that 199-page, 385-paragraph complaint "violated the letter and spirit of Rule 8"

  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 361,487 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 115,652 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,925 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  16. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,392 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  17. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,569 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  18. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,581 times   453 Legal Analyses
    Granting the relator up to 30% of any government recovery

  19. Section 18 - Organization defined

    18 U.S.C. § 18   Cited 3,666 times   8 Legal Analyses
    Stating that the term "organization" means "a person other than an individual"

  20. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,961 times   50 Legal Analyses
    Aiding and abetting and health-care fraud for Patient L