Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 times 40 Legal AnalysesHolding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Hickson Corp. v. Northern Crossarm Co., Inc.
357 F.3d 1256 (11th Cir. 2004) Cited 2,124 timesFinding that the district court's inadvertent disregard of consumer survey research required vacatur of summary judgment against seller on his claim alleging false advertising in violation of the Lanham Act and noting that "consumer survey research often is a key part of a Lanham Act claim alleging that an advertisement is misleading or deceptive"
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 798 times 86 Legal AnalysesHolding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement
U.S. ex Rel. Clausen v. Laboratory Corp.
290 F.3d 1301 (11th Cir. 2002) Cited 822 times 14 Legal AnalysesHolding Rule 9(b) applies to False Claims Act claims
Howard v. BP Oil Co.
32 F.3d 520 (11th Cir. 1994) Cited 466 timesHolding employer's inconsistent explanations for challenged decision were evidence of pretext
United States v. Neifert-White Co.
390 U.S. 228 (1968) Cited 306 times 5 Legal AnalysesHolding that the term "claim" was not limited to claims submitted for payments due and owing from the government, but included claims for favorable action by the government upon applications for loans
U.S. v. Hill
643 F.3d 807 (11th Cir. 2011) Cited 265 times 2 Legal AnalysesHolding a prima facie Batson claim must be supported by something more than statistics; it must also be premised on facts showing a reasonable inference of racial discrimination in the use of peremptory challenges
Gargiulo v. G. M. Sales, Inc.
131 F.3d 995 (11th Cir. 1997) Cited 392 timesReversing summary judgment in favor of the lender who provided a line of credit to a PACA debtor
Critikon v. Becton Dickinson Vasc. Access
120 F.3d 1253 (Fed. Cir. 1997) Cited 199 timesHolding that the district court clearly erred in determining that the opinion of counsel negated willful infringement claim, partly because the opinion included "no interpretation of claim language" and "no meaningful discussion of the prosecution history"
U.S. v. Rogan
517 F.3d 449 (7th Cir. 2008) Cited 145 times 3 Legal AnalysesHolding that a hospital administrator who had been found to have violated the FCA based on filing over 1800 Medicare and Medicaid reimbursement claim forms that omitted material information—namely, that illegal referrals had occurred and kickbacks were paid in violation of the Stark Amendment to the Medicare Act, 42 U.S.C. § 1395nn, and the AKA, 42 U.S.C. § 1320a-7b—could be required to repay to government the entire amount the hospital received on those claims, regardless of whether patients for whom claims were submitted received some, or even all, of the medical care reflected in the claim forms
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 3729 - False claims
31 U.S.C. § 3729 Cited 6,769 times 631 Legal AnalysesHolding liable "any person" who knowingly causes false claims to be presented
Section 1395nn - Limitation on certain physician referrals
42 U.S.C. § 1395nn Cited 419 times 134 Legal AnalysesApproving of compensation rates that " do not exceed fair market value"
Section 411.354 - Financial relationship, compensation, and ownership or investment interest
42 C.F.R. § 411.354 Cited 35 times 53 Legal AnalysesDefining a financial relationship to include direct or indirect relationships