§Why CasetextPricing

United States of American ex rel. David Moore v. GlaxoSmithKline, plc.

MEMORANDUM DECISION AND ORDER. GSK's motion to dismiss 43 the FCA and related state law causes of action is granted, and the complaint is dismissed. Ordered

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,282 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. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 418 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"

  3. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,324 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."

  4. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 774 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

  5. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 816 times   13 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  6. U.S. v. Community Hlth

    501 F.3d 493 (6th Cir. 2007)   Cited 608 times   8 Legal Analyses
    Holding that extrinsic evidence can be considered in determining whether a defendant was on notice of the plaintiff's claims for the purpose of Rule 15(c)

  7. United States ex rel. Nathan v. Takeda Pharms. N. Am., Inc.

    707 F.3d 451 (4th Cir. 2013)   Cited 451 times   9 Legal Analyses
    Holding that the district court did not abuse its discretion in denying plaintiff leave to file a fourth amended complaint after repeated prior dismissals for failure to sufficiently plead his claim

  8. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 673 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  9. U.S. ex Rel. v. Regence Bluecross

    472 F.3d 702 (10th Cir. 2006)   Cited 415 times   8 Legal Analyses
    Holding that liability under a causation theory “requir[es] more than mere passive acquiescence”

  10. Rolo v. City Investing Co. Liquidating Trust

    155 F.3d 644 (3d Cir. 1998)   Cited 488 times
    Holding that prior to class certification, the adequacy of the pleading in a RICO action must be based on the specificity of the fraud allegation relating to the named plaintiffs

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,817 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,701 times   624 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented