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United States of America, ex rel, et al v. Novartis Pharmaceuticals Corporation

MEMORANDUM OF LAW in Opposition re: 245 MOTION to Compel United States, and the States of California, Georgia, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Oklahoma, Washington, and Wisconsin to Produce . . Document

19 Cited authorities

  1. United States v. Mine Workers

    330 U.S. 258 (1947)   Cited 2,632 times   4 Legal Analyses
    Holding that a party may be punished for disobeying a court order even if the court was ultimately determined to lack jurisdiction to issue the order

  2. Contemporary Mission, v. U.S. Postal Service

    648 F.2d 97 (2d Cir. 1981)   Cited 367 times
    Finding that "opposing party's mere hope that further evidence may develop prior to trial is an insufficient basis upon which to justify the denial of [a summary judgment] motion."

  3. United States v. Vernon

    723 F.3d 1234 (11th Cir. 2013)   Cited 111 times   3 Legal Analyses
    Holding that a count charging both paying and receiving kickbacks was not cause for reversal when the indictment and trial evidence left no possibility that the duplicity defects led the jury to convict the defendant of the unfitting offense

  4. U.S. ex rel Oliver v. Parsons Co.

    195 F.3d 457 (9th Cir. 1999)   Cited 154 times   2 Legal Analyses
    Holding that "a [government] contractor relying on a good faith interpretation of a regulation is not subject to [FCA] liability . . . because the good faith nature of his or her action forecloses the possibility that the scienter requirement is met."

  5. Tottenham v. Trans World Gaming Corporation

    00 Civ. 7697 (WK) (S.D.N.Y. Jun. 21, 2002)   Cited 66 times

    00 Civ. 7697 (WK) June 21, 2002 David M. Fish, Rosen, Leff, Hempstead, NY, for Plaintiff. Daniel P. Goldberg, White Case, LLP, New York, NY, for Defendant. ORDER WHITMAN KNAPP, Senior United States District Judge. In 1996, Defendant Trans World Gaming Corporation (hereinafter the "Defendant" or "TWG") hired Plaintiff Andrew Tottenham (hereinafter the "Plaintiff" or "Tottenham") as its President and Chief Executive Officer ("CEO"). On June 16, 2000, the Defendant terminated the Plaintiff and, consequently

  6. Viacom International Inc. v. Youtube Inc.

    253 F.R.D. 256 (S.D.N.Y. 2008)   Cited 36 times   1 Legal Analyses
    Holding that the SCA "contains no exception for disclosure of such communications pursuant to civil discovery requests"

  7. U.S. v. Raymond Whitcomb Co.

    53 F. Supp. 2d 436 (S.D.N.Y. 1999)   Cited 44 times   1 Legal Analyses
    Holding that postal rate rules created an obligation to pay the government for any underpayment arising from the defendant's improper use of the rates

  8. 287 Franklin Ave. Residents' Ass'n v. Meisels

    11-CV-976(KAM)(JO) (E.D.N.Y. May. 24, 2012)   Cited 16 times
    Noting that "[a]lthough tax returns are not privileged documents, courts are 'reluctant to order their discovery in part because of the private nature of the sensitive information contained therein, and in part from the public interest in encouraging the filing by taxpayers of complete and accurate returns'"

  9. Zanowic v. Reno

    97 Civ. 5292 (JGK) (HBP) (S.D.N.Y. Sep. 25, 2000)   Cited 27 times

    97 Civ. 5292 (JGK) (HBP) September 25, 2000 MEMORANDUM OPINION AND ORDER PITMAN, United States Magistrate Judge. I. Introduction Defendants move to compel responses to certain discovery requests. For the reasons set forth below, the motion is granted in part and denied in part. II. Facts A. The Complaint This is an employment discrimination action. Plaintiff alleges that he has been employed as a Deputy United States Marshal in the Southern District of New York since June 1988 (Complaint ¶ 6). Plaintiff

  10. Visiting Nurse Association of Brooklyn v. Thompson

    378 F. Supp. 2d 75 (E.D.N.Y. 2004)   Cited 15 times
    Rejecting the good faith misunderstanding defense because the providers did not show that they were confused by the relevant instruction or attempted to comply with them

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  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 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,444 times   314 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  14. Section 1 - Words denoting number, gender, and so forth

    1 U.S.C. § 1   Cited 720 times   18 Legal Analyses
    Instructing that "words importing the plural include the singular," "unless the context indicates otherwise"

  15. Section 423.153 - Drug utilization management, quality assurance, medication therapy management programs (MTMPs), drug management programs, and access to Medicare Parts A and B claims data extracts

    42 C.F.R. § 423.153   Cited 9 times   1 Legal Analyses

    (a)General rule. Each Part D sponsor must have established, for covered Part D drugs furnished through a Part D plan, a drug utilization management program, quality assurance measures and systems, and an MTMP as described in paragraphs (b), (c), and (d) of this section. No later than January 1, 2022, a Part D plan sponsor must have established a drug management program for at-risk beneficiaries enrolled in their prescription drug benefit plans to address overutilization of frequently abused drugs