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

MEMORANDUM OF LAW in Support 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

24 Cited authorities

  1. Grand Cent. P'ship, Inc. v. Cuomo

    166 F.3d 473 (2d Cir. 1999)   Cited 507 times
    Holding that deliberative process privilege focuses on "documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated"

  2. Shcherbakovskiy v. Da Capo Al Fine, Ltd.

    490 F.3d 130 (2d Cir. 2007)   Cited 315 times   2 Legal Analyses
    Holding that the phrase "possession, custody, or control" as contained in Fed. R. Civ. P. 34 has been construed to include instances in which "a party has access and the practical ability to possess documents not available to the party seeking them."

  3. Tigue v. U.S. Dept. of Justice

    312 F.3d 70 (2d Cir. 2002)   Cited 178 times
    Holding that two minor references to a document protected by the deliberative process privilege were insufficient to establish adoption or incorporation

  4. Compagnie Francaise d'Assurance Pour le Commerce Exterieur v. Phillips Petroleum Co.

    105 F.R.D. 16 (S.D.N.Y. 1984)   Cited 194 times   2 Legal Analyses
    Holding that the French government, as the "principal" of the entity bringing the lawsuit, should be treated as a party for discovery purposes, but declining to issue an order to compel as a matter of comity

  5. Securities and Exchange Commission v. Collins & Aikman Corp.

    256 F.R.D. 403 (S.D.N.Y. 2009)   Cited 71 times   2 Legal Analyses
    Holding that ESI produced in the course of an investigation, "which is by its very nature not routine or repetitive, cannot fall within the scope of the usual course of business," and requiring the SEC to label their responsive ESI by category

  6. In re Flag Telecom Holdings, Ltd. Securities Litigation

    236 F.R.D. 177 (S.D.N.Y. 2006)   Cited 62 times
    Finding that a former senior executive of a company must produce documents in possession of that company

  7. Schanfield v. Sojitz Corp. of America

    258 F.R.D. 211 (S.D.N.Y. 2009)   Cited 31 times
    Holding the common interest doctrine did not apply because "[t]here is similarly no indication of 'demonstrated cooperation in formulating a common legal strategy' between Mr. Schanfield and any of these individuals."

  8. Keaton v. Hannum

    No. 1:12-cv-00641-SEB-MJD (S.D. Ind. Apr. 29, 2013)   Cited 11 times
    Striking irrelevant material about the parties that was explicit and salacious in nature

  9. 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

  10. U.S. ex rel Finney v. Nextwave Telecom, Inc.

    337 B.R. 479 (S.D.N.Y. 2006)   Cited 9 times
    Noting that the purposes of the FCA are "to deter fraud and recover treasury funds lost to fraud"

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

    Fed. R. Civ. P. 26   Cited 95,512 times   657 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,746 times   628 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 1382 - Eligibility for benefits

    42 U.S.C. § 1382   Cited 6,593 times
    Setting forth "the benefit under this subchapter," in dollars, for certain individuals in treatment facilities

  14. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,540 times   40 Legal Analyses
    Concluding paragraph, exception

  15. Section 602 - Eligible States; State plan

    42 U.S.C. § 602   Cited 1,460 times
    Granting Secretary of Health and Human Services authority to approve state TANF plans

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

    42 U.S.C. § 1320a-7b   Cited 1,446 times   316 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  17. Section 430.0 - Program description

    42 C.F.R. § 430.0   Cited 143 times
    Delineating state authority to determine eligibility rules, services covered, and payment levels

  18. Section 431.10 - [Effective until 6/3/2024] Single State agency

    42 C.F.R. § 431.10   Cited 143 times
    Providing that each state's Medicaid plan must designate a single state agency to administer the Medicaid plan

  19. Section 1001.952 - Exceptions

    42 C.F.R. § 1001.952   Cited 129 times   164 Legal Analyses
    Concerning "payment made by a lessee to a lessor"

  20. Section 447.202 - Audits

    42 C.F.R. § 447.202   Cited 6 times

    The Medicaid agency must assure appropriate audit of records if payment is based on costs of services or on a fee plus cost of materials. 42 C.F.R. §447.202

  21. Section 431.17 - [Effective 6/3/2024] Maintenance of records

    42 C.F.R. § 431.17   Cited 4 times

    (a)Basis and purpose. This section, based on section 1902(a)(4) of the Act, prescribes the kinds of records a Medicaid agency must maintain, the minimum retention period for such records, and the conditions under which those records must be provided or made available. (b)Content of records. A State plan must provide that the Medicaid agency will maintain or supervise the maintenance of the records necessary for the proper and efficient operation of the plan. The records must include all of the following:

  22. Section 431.16 - Reports

    42 C.F.R. § 431.16

    A State plan must provide that the Medicaid agency will- (a) Submit all reports required by the Secretary; (b) Follow the Secretary's instructions with regard to the form and content of those reports; and (c) Comply with any provisions that the Secretary finds necessary to verify and assure the correctness of the reports. 42 C.F.R. §431.16 44 FR 17931, Mar. 23, 1979