§Why CasetextPricing

United States of America et al v. Walgreen Company et al

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint

55 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,593 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  3. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,179 times   1 Legal Analyses
    Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

  4. U.S. v. Community Hlth

    501 F.3d 493 (6th Cir. 2007)   Cited 626 times   8 Legal Analyses
    Holding that extrinsic evidence can be considered in determining whether a defendant was on notice of the plaintiff's claims for the purpose of Rule 15(c)

  5. Ebeid ex Rel. U.S. v. Lungwitz

    616 F.3d 993 (9th Cir. 2010)   Cited 534 times   13 Legal Analyses
    Holding that qui tam plaintiffs must allege "reliable indicia that lead to a strong inference that claims were actually submitted"

  6. United States v. United Healthcare Ins. Co.

    848 F.3d 1161 (9th Cir. 2016)   Cited 357 times   1 Legal Analyses
    Holding Rule 9(b) requires allegations specifying "what is false or misleading about a statement, and why it is false"

  7. Morongo Band of Ind. v. Cal. St. Bd., Equal

    849 F.2d 1197 (9th Cir. 1988)   Cited 659 times
    Holding that a court without jurisdiction is without power to do anything except to dismiss the case and that any other order issued by the court would be a nullity

  8. U.S. v. Smithkline Beecham

    149 F.3d 227 (3d Cir. 1998)   Cited 202 times   3 Legal Analyses
    Holding that "the original complaints' failure specifically to mention [a new] blood test[] for which [the defendant] fraudulently billed the government is of no significance" because the original relator alleged the same essential facts and the second relator did not describe a separate fraudulent scheme as to the new blood test

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

    243 F.3d 1181 (9th Cir. 2001)   Cited 163 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

  10. U.S. v. Medtronic

    552 F.3d 503 (6th Cir. 2009)   Cited 130 times   5 Legal Analyses
    Holding public disclosure barred a federal claim that alleged substantially the same conduct as a previously filed state civil action

  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 357,835 times   950 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 162,084 times   197 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 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,900 times   656 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  15. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,537 times   451 Legal Analyses
    Granting the government primary responsibility for conducting suit

  16. Section 12652 - Investigation of violations; civil action

    Cal. Gov. Code § 12652   Cited 202 times   6 Legal Analyses
    Providing "the seal shall be lifted" when the California Attorney General notifies the court it intends to proceed with the action

  17. Section 12:5C - Violations under Secs. 5B to 5O; investigation by attorney general; civil actions

    Mass. Gen. Laws ch. 12 § 5C   Cited 26 times
    Granting AGO power to investigate false claims for State funds

  18. Section 20.931 - Prohibited boycotts

    Wis. Stat. § 20.931   Cited 24 times

    (1) DEFINITIONS. In this section: (a) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing. (b) "Prohibited boycott" means a refusal to deal with or a termination of business relations with Israel or a person doing business in Israel or in a territory under Israeli jurisdiction, if the refusal or termination

  19. Section 68.083 - Civil actions for false claims

    Fla. Stat. § 68.083   Cited 22 times   1 Legal Analyses

    (1) The department may diligently investigate a violation under s. 68.082. If the department finds that a person has violated or is violating s. 68.082, the department may bring a civil action under the Florida False Claims Act against the person. The Department of Financial Services may bring a civil action under this section if the action arises from an investigation by that department and the Department of Legal Affairs has not filed an action under this act. (2) A person may bring a civil action

  20. Section 1203 - Civil actions for false claims

    Del. Code tit. 6 § 1203   Cited 21 times   2 Legal Analyses
    Requiring certain written determinations by the Delaware Attorney General to support a DFCRA claim