92 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,213 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  3. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 937 times   4 Legal Analyses
    Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions
  4. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 426 times   18 Legal Analyses
    Holding that an action under subsection requires a relater to allege "that the defendant intended that the false record or statement be material to the Government's decision to pay or approve the false claim"
  5. Schindler Elevator v. U.S. ex Rel. Kirk

    563 U.S. 401 (2011)   Cited 355 times   11 Legal Analyses
    Holding that the relator stated an FCA claim where the contractor “filed false ... reports, necessarily knowing that they were false because [it] in fact had no mechanism in place to identify covered [individuals]. It did so in order to procure contracts and obtain payment under existing contracts, as it could do neither without filing the reports.”
  6. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,284 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record
  7. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,380 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
  8. Cook County v. U.S. ex Rel. Chandler

    538 U.S. 119 (2003)   Cited 314 times   8 Legal Analyses
    Holding that local governments are subject to qui tam liability
  9. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 799 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
  10. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 832 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act 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 357,280 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. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,060 times   79 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,838 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,887 times   654 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 3,165 times   9 Legal Analyses
    Distinguishing explicitly between state- and federally-funded patient populations
  16. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,454 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  17. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,270 times   351 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  18. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,532 times   108 Legal Analyses
    Prohibiting the sale of adulterated foods
  19. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,491 times   329 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals
  20. Section 393 - Food and Drug Administration

    21 U.S.C. § 393   Cited 186 times   11 Legal Analyses
    Defining the FDA's mission