Gilmour v. Gates, McDonald and Co.
382 F.3d 1312 (11th Cir. 2004) Cited 1,253 times 2 Legal AnalysesHolding claim raised in brief in opposition to summary judgment was not before the court on appeal because it was not in the complaint
Car Carriers, Inc. v. Ford Motor Co.
745 F.2d 1101 (7th Cir. 1984) Cited 2,359 timesHolding that a complaint may not be amended by briefs in opposition to a motion to dismiss
U.S. ex Rel. Clausen v. Laboratory Corp.
290 F.3d 1301 (11th Cir. 2002) Cited 816 times 13 Legal AnalysesHolding Rule 9(b) applies to False Claims Act claims
Macuba v. Deboer
193 F.3d 1316 (11th Cir. 1999) Cited 669 timesHolding that Rule 56(e), now Rule 56(c), "also applies to testimony given on deposition"
Focus on the Family v. Pinellas Suncoast Transit Auth.
344 F.3d 1263 (11th Cir. 2003) Cited 551 timesHolding standing established at time complaint is filed
Atkins v. McInteer
470 F.3d 1350 (11th Cir. 2006) Cited 489 times 4 Legal AnalysesHolding that denial of leave to amend was not an abuse of discretion where the relator “failed to include the proposed amendment or the substance thereof” with his request
United States v. Science Applications International Corp.
626 F.3d 1257 (D.C. Cir. 2010) Cited 203 times 19 Legal AnalysesHolding monthly invoice qualified as a false claim under the FCA
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,855 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"