Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

In United States of America and the State of Florida, ex rel. Bingham v. HCA, Inc., the employee of a medical office building management firm filed suit against a national health care system in the U.S. District Court for the Southern District of Florida. The lawsuit included allegations relating to... Continue Reading →

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Seventh Circuit: “Information and Belief” Insufficient under 9(b)

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal  of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase  with clarity and... Continue Reading →

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U.S. ex rel. Graves v. Plaza Medical Centers Corp.

US ex rel Graves v Plaza Medical Centers Corp Case No. 10-23382-CIV-MORENO (S.D.Fla. Oct. 8, 2014) Defendants filed a Motion to Dismiss for failure to plead fraud with particularity. The trial court dismissed without prejudice, finding: While Relator alleged specific conduct as to 28 patients, it did not offer a... Continue Reading →

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Bell Atlantic v. Twombley

550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) In an anti-trust case in which the Court evaluated the appropriate standard for courts to apply when considering motion to dismiss, it rejected the old and troublesome “no set of facts” standard that required courts to deny motions to dismiss unless... Continue Reading →

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Dismissal Affirmed!

On April 7, 2004, we told you about the Northern District of Illinois’ dismissal of a whistleblower’s case against Catholic Health Partners. On July 6, 2005, the Seventh Circuit Court of Appeals affirmed the dismissal with prejudice. The appellate court found that the whistleblower did not show that any action... Continue Reading →

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