§Why CasetextPricing

United States of America, EX Rel, et Al. v. The Public Warehousing Company, et Al.

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

23 Cited authorities

  1. Equity Lifestyle v. Florida Mowing

    556 F.3d 1232 (11th Cir. 2009)   Cited 909 times
    Holding that invoices based upon a foreman's daily reports were admissible as business records

  2. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 816 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  3. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 536 times   2 Legal Analyses
    Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints

  4. Urquilla-Diaz v. Kaplan Univ.

    780 F.3d 1039 (11th Cir. 2015)   Cited 369 times   8 Legal Analyses
    Holding that plaintiff's "failure to include the adverb solely—a word with no talismanic power—is not enough to preclude the inference that he pleaded a plausible violation of the False Claims Act"

  5. U.S. ex Rel. v. Regence Bluecross

    472 F.3d 702 (10th Cir. 2006)   Cited 417 times   8 Legal Analyses
    Holding that liability under a causation theory “requir[es] more than mere passive acquiescence”

  6. Hopper v. Solvay Pharmaceuticals

    588 F.3d 1318 (11th Cir. 2009)   Cited 236 times   5 Legal Analyses
    Holding a complaint deficient when it "d[id] not link the alleged false statements to the government's decision to pay false claims."

  7. Rosenberg v. Gould

    554 F.3d 962 (11th Cir. 2009)   Cited 242 times
    Holding that plaintiffs cannot amend their complaint through a response to a motion to dismiss

  8. United States v. Medco Health Solutions, Inc.

    671 F.3d 1217 (11th Cir. 2012)   Cited 159 times   1 Legal Analyses
    Holding that relator plead compliance certification with particularity by identifying the specific documents and statements alleged to be false, along with who made them, how they were used, and when they were submitted

  9. West Coast Roofing v. Johns Manville

    287 F. App'x 81 (11th Cir. 2008)   Cited 166 times
    Holding that "conclusory allegations" that defendant made allegedly false statements "knowing they were false" was sufficient to avoid dismissal

  10. Burgess v. Religious Tech. Ctr., Inc.

    600 F. App'x 657 (11th Cir. 2015)   Cited 116 times
    Holding that plaintiff's allegations that did not indicate the date, time or place of the misrepresentation did not meet heightened fraud pleading requirement

  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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,728 times   626 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented