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

REPLY to 314 Response to Motion re CORRECTED MOTION for partial summary judgment

25 Cited authorities

  1. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,471 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  2. United States v. Four Parcels of Real Prop.

    941 F.2d 1428 (11th Cir. 1991)   Cited 2,092 times
    Holding that "[t]o prevail, the moving party must do one of two things: show that the non-moving party has no evidence to support its case, or present "affirmative evidence demonstrating that the non-moving party will be unable to prove its case at trial."

  3. Latimer v. Roaring Toyz, Inc.

    601 F.3d 1224 (11th Cir. 2010)   Cited 284 times
    Holding that "an implied license will be limited to a specific use only if that limitation is expressly conveyed"

  4. Jackson v. Seaboard Coast Line R. Co.

    678 F.2d 992 (11th Cir. 1982)   Cited 484 times
    Holding that conditions precedent to a Title VII suit, such as the requirement for a plaintiff to file an EEOC charge within 180 days of the alleged discrimination or retaliation at issue, are subject to Rule 9(c)

  5. McNutt ex rel. United States v. Haleyville Medical Supplies, Inc.

    423 F.3d 1256 (11th Cir. 2005)   Cited 124 times   3 Legal Analyses
    Holding that violations of the Anti-kickback statute are actionable as false statements under the FCA

  6. U.S. v. Borrasi

    639 F.3d 774 (7th Cir. 2011)   Cited 66 times   6 Legal Analyses
    Finding payment in the guise of a salary an illegal kickback

  7. Daughtrey v. Honeywell, Inc.

    3 F.3d 1488 (11th Cir. 1993)   Cited 110 times
    Holding that the penalty of $100 a day is unrelated to a plan participant's injury and is, instead, intended to punish non-compliance and not to compensate

  8. FTC v. Nat'l Urological Grp., Inc.

    645 F. Supp. 2d 1167 (N.D. Ga. 2008)   Cited 67 times
    Holding a medical doctor who promoted and endorsed the deceptive products individually liable because he helped develop the products; reviewed the substantiation regarding the ingredients in the products; reviewed and edited the advertisements before they were disseminated; allowed himself to be called “Chief of Staff” and “Medical Director” in the advertisements; and did not contest his individual liability for the corporate defendants' wrongs; instead, he simply joins the corporate defendants in arguing that no violations occurred

  9. United States v. Jain

    93 F.3d 436 (8th Cir. 1996)   Cited 94 times   3 Legal Analyses
    Holding that section 1346 extends to private sector schemes

  10. Riley v. St. Luke's Episcopal Hosp

    252 F.3d 749 (5th Cir. 2001)   Cited 80 times   6 Legal Analyses
    Holding that qui tam suits brought under the FCA do not violate the Appointments Clause or the Take Care Clause of Article IT of the U.S. Constitution

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,402 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 6,746 times   628 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,385 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  14. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,446 times   316 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  15. Section 1001.952 - Exceptions

    42 C.F.R. § 1001.952   Cited 129 times   164 Legal Analyses
    Concerning "payment made by a lessee to a lessor"