117 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Desert Palace, Inc. v. Costa

    539 U.S. 90 (2003)   Cited 2,505 times   14 Legal Analyses
    Holding that circumstantial evidence alone can sustain a mixed-motive verdict
  4. Jimenez v. Quarterman

    555 U.S. 113 (2009)   Cited 1,904 times   1 Legal Analyses
    Holding that because the state appellate court granted the petitioner's out of time appeal and reopened the direct review proceedings it reopened the limitations period under § 2244(d), which "carries out AEDPA's goal of promoting comity, finality, and federalism by giving state courts the first opportunity to review claim, and to correct any constitutional violation in the first instance" (alteration in original)
  5. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,372 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  6. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,701 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
  7. Schindler Elevator v. U.S. ex Rel. Kirk

    563 U.S. 401 (2011)   Cited 360 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.”
  8. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 2,039 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA
  9. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,023 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"
  10. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 816 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
  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 362,607 times   962 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 95,100 times   92 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 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,710 times   104 Legal Analyses
    Relating to mail fraud
  14. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,588 times   174 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  15. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,532 times   308 Legal Analyses
    Making false statements
  16. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,962 times   667 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  17. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,600 times   454 Legal Analyses
    Granting the relator up to 30% of any government recovery
  18. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 5,107 times   61 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"
  19. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,815 times   107 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency
  20. Section 1 - Words denoting number, gender, and so forth

    1 U.S.C. § 1   Cited 738 times   19 Legal Analyses
    Instructing that "words importing the plural include the singular," "unless the context indicates otherwise"
  21. Section 0.45 - General functions

    28 C.F.R. § 0.45   Cited 19 times   1 Legal Analyses
    Assigning common law fraud claims to the Assistant Attorney General, Civil Division
  22. Section 203.255 - Insurance of mortgage

    24 C.F.R. § 203.255   Cited 11 times
    Providing that before endorsing a mortgage for insurance, the Secretary will review the application to ensure, among other things, that the lender has certified that “the proposed mortgage complies with HUD underwriting requirements”
  23. Section 203.5 - Direct Endorsement process

    24 C.F.R. § 203.5   Cited 11 times

    (a)General. Under the Direct Endorsement program, the Secretary does not review applications for mortgage insurance before the mortgage is executed or issue conditional or firm commitments, except to the extent required by § 203.3(b)(4) , § 203.3(d)(1) , or as determined by the Secretary. Under this program, the mortgagee determines that the proposed mortgage is eligible for insurance under the applicable program regulations, and submits the required documents to the Secretary in accordance with

  24. Section 5.33 - [Effective 1/1/2025] Business combinations involving a national bank or Federal savings association

    12 C.F.R. § 5.33   Cited 7 times   6 Legal Analyses
    Stating the OCC may require a vote of the members in order for a merger to be effective