§Why CasetextPricing

United States Of America v. American International Group, Inc.

REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss . and in Opposition re: 39 MOTION to Amend/Correct. Document

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Rockwell Int'l Corp. et al. v. United States

    549 U.S. 457 (2007)   Cited 801 times   17 Legal Analyses
    Holding that the term "allegations" as used in § 3730(e) "is not limited to the allegations in the original complaint" and "includes (at a minimum) the allegations in the original complaint as amended"

  3. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,429 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases

  4. Cook County v. U.S. ex Rel. Chandler

    538 U.S. 119 (2003)   Cited 304 times   6 Legal Analyses
    Holding that local governments are subject to qui tam liability

  5. McElmurray v. Consolidated Government

    501 F.3d 1244 (11th Cir. 2007)   Cited 597 times
    Holding that notifications and reports prepared by the Georgia EPD are publicly disclosed "administrative reports" under § 3730(e).

  6. U.S. ex Rel. Springfield Terminal Ry. v. Quinn

    14 F.3d 645 (D.C. Cir. 1994)   Cited 372 times   4 Legal Analyses
    Holding that materials “made public through filing” were publicly disclosed

  7. U.S. ex Rel. Gagne v. City of Worcester

    565 F.3d 40 (1st Cir. 2009)   Cited 228 times   1 Legal Analyses
    Holding that Rule 9(b) may be satisfied "where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA"

  8. United States v. Science Applications International Corp.

    626 F.3d 1257 (D.C. Cir. 2010)   Cited 203 times   19 Legal Analyses
    Holding monthly invoice qualified as a false claim under the FCA

  9. Oneida Indian Nation of New York v. City of Sherrill

    337 F.3d 139 (2d Cir. 2003)   Cited 215 times
    Holding amendment futile if "it could not withstand a motion to dismiss pursuant to Rule 12(b)"

  10. United States ex rel. Raynor v. Nat'l Rural Utilities Coop. Fin., Corp.

    690 F.3d 951 (8th Cir. 2012)   Cited 159 times
    Holding that the district court properly denied leave to amend as futile, where the plaintiff did not explain how he would amend the complaint to add the particularity required by Rule 9(b)

  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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  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

  14. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,358 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  15. Section 1101 - Definitions; doing an insurance business

    N.Y. Ins. Law § 1101   Cited 82 times
    Noting that insurance is "dependent upon the happening of a fortuitous event"