44 Cited authorities

Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens
529 U.S. 765 (2000) Cited 1,621 times 31 Legal Analyses
Holding that States are not subject to private FCA actions
Rockwell Int'l Corp. et al. v. United States
549 U.S. 457 (2007) Cited 818 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"
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 4,075 times
Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
United States ex rel. Karvelas v. Melrose-Wakefield Hospital
360 F.3d 220 (1st Cir. 2004) Cited 372 times 4 Legal Analyses
Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"
U.S. ex Rel. Kreindler v. United Technologies
985 F.2d 1148 (2d Cir. 1993) Cited 353 times 3 Legal Analyses
Holding that in absence of a court ordered seal, the information in discovery material filed with the court "was publicly disclosed because it was available to anyone who wished to consult the court file"
ASARCO LLC v. Goodwin
756 F.3d 191 (2d Cir. 2014) Cited 124 times 1 Legal Analyses
Determining that a newly added claim in an amended complaint did not relate back because the original complaint "contained no facts whatever about" the newly added claim
Connecticut Nat. Bank v. Fluor Corp.
808 F.2d 957 (2d Cir. 1987) Cited 226 times 3 Legal Analyses
Holding that the plaintiff did not have to plead scienter in a fraud case with "great specificity"
U.S. ex Rel. Grynberg v. Praxair, Inc.
389 F.3d 1038 (10th Cir. 2004) Cited 129 times
Holding that a court maintained jurisdiction to award attorney's fees for vexatious litigation when the underlying False Claims Act suit was dismissed for lack of subject matter jurisdiction
Abu Dhabi Commercial Bank v. Morgan Stanley & Co.
651 F. Supp. 2d 155 (S.D.N.Y. 2009) Cited 108 times 1 Legal Analyses
Holding that a defendant's repeated representations did not evidence an intent to permit a third party to enforce a contract where the contract itself did not evidence such intent
United States ex rel. Kester v. Novartis Pharms. Corp.
23 F. Supp. 3d 242 (S.D.N.Y. 2014) Cited 92 times 2 Legal Analyses
Holding in the FCA context: "Allegations made on ‘information and belief’ are inherently speculative."
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 92,835 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 3729 - False claims
31 U.S.C. § 3729 Cited 6,840 times 648 Legal Analyses
Holding liable "any person" who knowingly causes false claims to be presented
Section 3730 - Civil actions for false claims
31 U.S.C. § 3730 Cited 5,483 times 436 Legal Analyses
Granting the government primary responsibility for conducting suit

United States of America v. Moody's Corp

44 Cited authorities

Holding that States are not subject to private FCA actions

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"

Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"

Holding that in absence of a court ordered seal, the information in discovery material filed with the court "was publicly disclosed because it was available to anyone who wished to consult the court file"

Determining that a newly added claim in an amended complaint did not relate back because the original complaint "contained no facts whatever about" the newly added claim

Holding that the plaintiff did not have to plead scienter in a fraud case with "great specificity"

Holding that a court maintained jurisdiction to award attorney's fees for vexatious litigation when the underlying False Claims Act suit was dismissed for lack of subject matter jurisdiction

Holding that a defendant's repeated representations did not evidence an intent to permit a third party to enforce a contract where the contract itself did not evidence such intent

Holding in the FCA context: "Allegations made on ‘information and belief’ are inherently speculative."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Requiring that fraud be pleaded with particularity

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Holding liable "any person" who knowingly causes false claims to be presented

Granting the government primary responsibility for conducting suit