§Why CasetextPricing

United States of America et al v. Wells Fargo Bank National Association et al.

REPLY to Response to 29 MOTION to Dismiss

14 Cited authorities

  1. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,302 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  2. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,579 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  3. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,923 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  4. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,174 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)

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

    616 F.3d 993 (9th Cir. 2010)   Cited 532 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. U.S. v. Anton

    91 F.3d 1261 (9th Cir. 1996)   Cited 408 times   2 Legal Analyses
    Holding that "plaintiff must be investigating matters which are calculated, or reasonably could lead, to a viable FCA action"

  7. Hagood v. Sonoma County Water Agency

    81 F.3d 1465 (9th Cir. 1996)   Cited 156 times
    Holding that signing a contract with an arguably false cost-allocation figure, based upon a "disputed legal issue" as to the requisite precision of this figure, does not amount to deliberate ignorance or reckless disregard

  8. U.S. v. Alcan Elec. and Engineering, Inc.

    197 F.3d 1014 (9th Cir. 1999)   Cited 91 times
    Holding public disclosures of fraud failing to identify specific defendants but pertaining to "a narrow class of suspected wrongdoers—local electrical contractors who worked on federally funded projects over a four-year period"—triggered the public disclosure bar as to those contractors

  9. U.S. ex rel Ebeid v. Lungwitz

    562 U.S. 1102 (2010)

    No. 10–461. 12-06-2010 UNITED STATES, ex rel. Sadek R. EBEID, petitioner, v. Theresa A. LUNGWITZ, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice KAGAN took no part in the consideration or decision of this petition.

  10. United States v. Iasis Healthcare Corp.

    812 F. Supp. 2d 1008 (D. Ariz. 2011)   Cited 7 times
    Finding FCA claim insufficiently pled where plaintiff did "not plead facts showing why the procedures performed on Patient B were unnecessary"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,699 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,862 times   650 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 5,510 times   436 Legal Analyses
    Granting the government primary responsibility for conducting suit