31 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,415 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  2. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 936 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
  3. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 922 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
  4. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 813 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims
  5. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 690 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
  6. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 531 times   2 Legal Analyses
    Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints
  7. Wagner v. First Horizon Pharmaceutical

    464 F.3d 1273 (11th Cir. 2006)   Cited 444 times
    Holding that district courts have a "supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link adequately a cause of action to its factual predicates"
  8. U.S. ex Rel. v. Regence Bluecross

    472 F.3d 702 (10th Cir. 2006)   Cited 414 times   8 Legal Analyses
    Holding that liability under a causation theory “requir[es] more than mere passive acquiescence”
  9. Beckwith v. Bellsouth Telecommunications

    146 F. App'x 368 (11th Cir. 2005)   Cited 299 times
    Finding a complaint deficient because “[i]t is virtually impossible to ascertain what factual allegations correspond with each claim and which claim is directed at which defendant”
  10. Hopper v. Solvay Pharmaceuticals

    588 F.3d 1318 (11th Cir. 2009)   Cited 236 times   5 Legal Analyses
    Holding a complaint deficient when it "d[id] not link the alleged false statements to the government's decision to pay false claims."
  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 342,514 times   917 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 154,542 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 89,666 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,651 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,678 times   622 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  16. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,310 times   427 Legal Analyses
    Granting the government primary responsibility for conducting suit
  17. Section 3731 - False claims procedure

    31 U.S.C. § 3731   Cited 578 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 68.082 - False claims against the state; definitions; liability

    Fla. Stat. § 68.082   Cited 36 times   7 Legal Analyses

    (1) As used in this section, the term: (a) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the state has title to the money or property, that: 1. Is presented to any employee, officer, or agent of the state; or 2. Is made to a contractor, grantee, or other recipient if the state provides or has provided any portion of the money or property requested or demanded, or if the state will reimburse the contractor, grantee, or other