35 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,838 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,277 times   2 Legal Analyses
    Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
  3. Hess v. Port Authority Trans-Hudson Corp.

    513 U.S. 30 (1994)   Cited 716 times   1 Legal Analyses
    Holding that the Port Authority does not enjoy Eleventh Amendment immunity despite the fact that "[s]tate courts . . . repeatedly have typed the Port Authority an agency of the States rather than a municipal unit or local district"
  4. United States v. Kimbell Foods, Inc.

    440 U.S. 715 (1979)   Cited 865 times   2 Legal Analyses
    Holding that state law should be adopted as federal rule for establishing priority between competing federal and private liens since uniform federal rule was not necessary to protect federal interests
  5. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,285 times   2 Legal Analyses
    Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
  6. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 781 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. Manders v. Lee

    338 F.3d 1304 (11th Cir. 2003)   Cited 805 times   6 Legal Analyses
    Holding that the sheriff of Clinch County, Georgia acted as an arm of the state in promulgating a use-of-force policy
  8. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 820 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims
  9. Grossman v. Nationsbank

    225 F.3d 1228 (11th Cir. 2000)   Cited 775 times
    Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
  10. U.S. v. RF Properties of Lake County, Inc.

    433 F.3d 1349 (11th Cir. 2005)   Cited 200 times   3 Legal Analyses
    Holding that Rule 9(b) was satisfied where the relator was a nurse practitioner in the defendant's employ who was required to bill under a doctor's provider number and whose conversations about the defendant's billing practices with the office manager formed the basis for the relator's belief that fraudulent claims were actually submitted to the government
  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 347,250 times   923 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 156,932 times   195 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,016 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. 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
  15. Section 1396 - Medicaid and CHIP Payment and Access Commission

    42 U.S.C. § 1396   Cited 3,148 times   9 Legal Analyses
    Distinguishing explicitly between state- and federally-funded patient populations
  16. Section 1396b - Payment to States

    42 U.S.C. § 1396b   Cited 617 times   5 Legal Analyses
    Setting forth, inter alia, requirements of state Medicaid fraud units
  17. Section 3731 - False claims procedure

    31 U.S.C. § 3731   Cited 582 times   63 Legal Analyses
    In § 3731(a), Congress apparently used the phrase "under section 3730" to mean all three § 3730 actions. § 3731(a) (a "subpoena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States").
  18. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 418 times   134 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"
  19. Section 1320a-7a - Civil monetary penalties

    42 U.S.C. § 1320a-7a   Cited 214 times   104 Legal Analyses
    Authorizing judicial review
  20. Section 1395b - Option to individuals to obtain other health insurance protection

    42 U.S.C. § 1395b   Cited 19 times   1 Legal Analyses

    Nothing contained in this subchapter shall be construed to preclude any State from providing, or any individual from purchasing or otherwise securing, protection against the cost of any health services. 42 U.S.C. § 1395b Aug. 14, 1935, ch. 531, title XVIII, §1803, as added Pub. L. 89-97, title I, §102(a), July 30, 1965, 79 Stat. 291. STATUTORY NOTES AND RELATED SUBSIDIARIES IMPACT OF INCREASED INVESTMENTS IN HEALTH RESEARCH ON FUTURE MEDICARE COSTSPub. L. 105-78, title II, Nov. 13, 1997, 111 Stat

  21. Section 411.354 - Financial relationship, compensation, and ownership or investment interest

    42 C.F.R. § 411.354   Cited 35 times   53 Legal Analyses
    Defining a financial relationship to include direct or indirect relationships
  22. Section 411.351 - Definitions

    42 C.F.R. § 411.351   Cited 9 times   3 Legal Analyses
    Defining "fair market value" and "general market value"