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United States of America et al v. Med-Care Diabetic & Medical Supplies, Inc. et al

MOTION TO DISMISS 98 Amended Complaint,, FOR FAILURE TO STATE A CLAIM AND SUPPORTING MEMORANDUM OF LAW

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Davila v. Delta Air Lines, Inc.

    326 F.3d 1183 (11th Cir. 2003)   Cited 854 times   1 Legal Analyses
    Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

  3. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 818 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  4. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 751 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  5. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 536 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

  6. Atkins v. McInteer

    470 F.3d 1350 (11th Cir. 2006)   Cited 490 times   4 Legal Analyses
    Holding that denial of leave to amend was not an abuse of discretion where the relator “failed to include the proposed amendment or the substance thereof” with his request

  7. Hopper v. Solvay Pharmaceuticals

    588 F.3d 1318 (11th Cir. 2009)   Cited 237 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."

  8. Cooper v. Blue Cross Blue Shield of Fla.

    19 F.3d 562 (11th Cir. 1994)   Cited 269 times
    Holding allegations of widespread Medicaid fraud made in disclosures in which a particular insurance company was not specifically named or otherwise directly identifiable were insufficient to trigger the public disclosure bar

  9. U.S. ex Rel. Sanchez v. Lymphatx

    596 F.3d 1300 (11th Cir. 2010)   Cited 132 times   1 Legal Analyses
    Holding that a relator stated a claim for False Claims Act retaliation despite failing to state a claim under Section 3729

  10. U.S. ex Rel. Lujan v. Hughes Aircraft Co.

    243 F.3d 1181 (9th Cir. 2001)   Cited 156 times   6 Legal Analyses
    Holding that first-to-file bar prohibits action because it was filed while initial action remained pending, and assuming that first-to-file bar would not have applied if initial action was no longer pending

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,735 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 5,372 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit