§Why CasetextPricing

United States of America EX Rel. Et. Al. v. Raytheon Company et al

NOTICE OF MOTION AND MOTION to Dismiss Case

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,930 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,322 times   368 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

  3. Universal Health Servs., Inc. v. United States

    579 U.S. 176 (2016)   Cited 907 times   187 Legal Analyses
    Holding that when a Medicaid claimant "omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for [FCA] liability if they render the defendant's representations misleading"

  4. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,567 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  5. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,355 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  6. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 425 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"

  7. U.S. ex Rel. Garst v. Lockheed-Martin Corp.

    328 F.3d 374 (7th Cir. 2003)   Cited 717 times
    Holding that a court could not dismiss a complaint merely because it contains repetitious and irrelevant matter, as "surplus-age in a complaint can be ignored"

  8. Nevijel v. North Coast Life Ins. Co.

    651 F.2d 671 (9th Cir. 1981)   Cited 1,380 times
    Holding that Rule 8 is violated when a complaint is excessively "verbose, confusing and almost entirely conclusory"

  9. Hatch v. Reliance Ins. Co.

    758 F.2d 409 (9th Cir. 1985)   Cited 379 times
    Holding that dismissal of plaintiff's complaint was appropriate as it exceeded seventy pages in length, was confusing, conclusory, and not in compliance with Rule 8

  10. Rowe v. Educ. Credit Management

    559 F.3d 1028 (9th Cir. 2009)   Cited 190 times   1 Legal Analyses
    Holding guaranty agencies act as fiduciaries of the DOE when they operate under FFELP and collecting cases in which other courts hold the same

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,697 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,625 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,119 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,851 times   648 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  15. Section 2433 - Repealed

    10 U.S.C. § 2433

    10 U.S.C. § 2433 Pub. L. 116-283, div. A, title XVIII, §1850(l), Jan. 1, 2021, 134 Stat. 4271] Section, added Pub. L. 97-252, title XI, §1107(a)(1), Sept. 8, 1982, 96 Stat. 741, §139b; amended Pub. L. 98-94, title XII, §1268(1), Sept. 24, 1983, 97 Stat. 705; Pub. L. 98-525, title XII, §1242(b), Oct. 19, 1984, 98 Stat. 2607; Pub. L. 99-145, title XIII, §1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered §2433 and amended Pub. L. 99-433, title I, §§101(a)(5), 110(d)(14), (g)(8), Oct. 1, 1986, 100 Stat

  16. Section 16.301-1 - Description

    48 C.F.R. §§ 16.301-1   Cited 14 times

    Cost-reimbursement types of contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the contracting officer. 48 C.F.R. §§16.301-1

  17. Section 16.301-2 - Application

    48 C.F.R. §§ 16.301-2   Cited 3 times

    (a) The contracting officer shall use cost-reimbursement contracts only when- (1) Circumstances do not allow the agency to define its requirements sufficiently to allow for a fixed-price type contract (see 7.105); or (2) Uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract. (b) The contracting officer shall document the rationale for selecting the contract type in the written acquisition plan and ensure

  18. Section 16.305 - Cost-plus-award-fee contracts

    48 C.F.R. § 16.305   Cited 2 times

    A cost-plus-award-fee contract is a cost-reimbursement contract that provides for a fee consisting of (a) a base amount (which may be zero) fixed at inception of the contract and (b) an award amount, based upon a judgmental evaluation by the Government, sufficient to provide motivation for excellence in contract performance. Cost-plus-award-fee contracts are covered in subpart 16.4, Incentive Contracts. See 16.401(e) for a more complete description and discussion of the application of these contracts