84 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,601 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions
  3. Rockwell Int'l Corp. et al. v. United States

    549 U.S. 457 (2007)   Cited 806 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"
  4. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 419 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"
  5. Nielsen v. Rabin

    746 F.3d 58 (2d Cir. 2014)   Cited 1,151 times   1 Legal Analyses
    Holding that the plaintiff cannot survive a motion to dismiss by relying on conclusory allegations
  6. Schindler Elevator v. U.S. ex Rel. Kirk

    563 U.S. 401 (2011)   Cited 340 times   11 Legal Analyses
    Holding that the relator stated an FCA claim where the contractor “filed false ... reports, necessarily knowing that they were false because [it] in fact had no mechanism in place to identify covered [individuals]. It did so in order to procure contracts and obtain payment under existing contracts, as it could do neither without filing the reports.”
  7. Matson v. Board of Education

    631 F.3d 57 (2d Cir. 2011)   Cited 901 times   1 Legal Analyses
    Holding that fibromyalgia, although a serious condition, was not a fatal disease that "carr[ies] with it the sort of opprobrium that confers upon those who suffer from it a constitutional right of privacy as to that medical condition," and that revealing the condition of fibromyalgia would not "expose a person . . . to discrimination and intolerance"
  8. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 782 times   11 Legal Analyses
    Holding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims
  9. Hayden v. County of Nassau

    180 F.3d 42 (2d Cir. 1999)   Cited 986 times
    Holding that designing a policy with a racially discriminatory purpose should not be construed as a facial classification when the policy does not explicitly, or in its application, distinguish between people on the basis of a protected category
  10. Pangburn v. Culbertson

    200 F.3d 65 (2d Cir. 1999)   Cited 912 times   1 Legal Analyses
    Holding that it is appropriate to deny leave to amend where "it is ‘beyond doubt that the plaintiff can prove no set of facts in support’ of his amended claims" (quoting Ricciuti v. N.Y.C. Transit Auth. , 941 F.2d 119, 123 (2d Cir. 1991) )
  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 348,148 times   929 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,180 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,766 times   630 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 5,400 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit
  15. Section 78o-7 - Registration of nationally recognized statistical rating organizations

    15 U.S.C. § 78o-7   Cited 8 times   1 Legal Analyses

    (a) Registration procedures (1) Application for registration (A) In general A credit rating agency that elects to be treated as a nationally recognized statistical rating organization for purposes of this chapter (in this section referred to as the "applicant"), shall furnish to the Commission an application for registration, in such form as the Commission shall require, by rule or regulation issued in accordance with subsection (n), and containing the information described in subparagraph (B). (B)