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United States of America et al v. Halifax Hospital Medical Center et al

REPLY to 313 Response to Motion re MOTION for partial summary judgment

30 Cited authorities

  1. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,685 times   51 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

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

    529 U.S. 765 (2000)   Cited 1,601 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions

  3. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,093 times   2 Legal Analyses
    Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business on September 30, 1981, are binding precedent in the Eleventh Circuit

  4. United States v. Halper

    490 U.S. 435 (1989)   Cited 1,508 times   6 Legal Analyses
    Holding that civil penalty 220 times greater than government's loss was punitive

  5. Office of Personnel Management v. Richmond

    496 U.S. 414 (1990)   Cited 796 times   2 Legal Analyses
    Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"

  6. Cook County v. U.S. ex Rel. Chandler

    538 U.S. 119 (2003)   Cited 306 times   6 Legal Analyses
    Holding that local governments are subject to qui tam liability

  7. United States v. Bornstein

    423 U.S. 303 (1976)   Cited 361 times   8 Legal Analyses
    Holding subcontractor liable only for number of false shipments it made, and not for number of fraudulent invoices ultimately submitted by contractor

  8. U.S. ex Rel. Marcus v. Hess

    317 U.S. 537 (1943)   Cited 937 times   8 Legal Analyses
    Holding that one who contracts with a local governmental unit to work on federally funded projects can "cheat the United States" through the state intermediary

  9. Critikon v. Becton Dickinson Vasc. Access

    120 F.3d 1253 (Fed. Cir. 1997)   Cited 199 times
    Holding 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"

  10. U.S. v. Rogan

    517 F.3d 449 (7th Cir. 2008)   Cited 145 times   3 Legal Analyses
    Holding 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

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,766 times   630 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 419 times   134 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"