Bell Atlantic v. Twombley

Posted on June 25, 2012 in Case Cites

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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 →

Tags: Federal Rules of Civil Procedure, motion to dismiss, plausibility, plausible, pleading, Rule 12(b), standard, Supreme Court, Twombley

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U.S. ex rel. Clausen v. Laboratory Corp. of America, Inc.

Posted on June 25, 2012 in Case Cites

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290 F.3d 1301, (11th Cir. 2002). To adequately plead a False Claims Act case under Fed.R.Civ.P. 9(b), a whistleblower may not merely plead a scheme to defraud. Rather, they whistleblower must plead and identify actual claims which are false. For more information, please contact David B. Honig at dhonig@hallrender.com or... Continue Reading →

Tags: actual claim, Clausen, False Claims Act, FCA, Federal Rules of Civil Procedure, fraud with particularity, Laboratory Corporation of America, Rule 9(b)

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Ackerman v. Northwestern Mut. Life Ins. Co.

Posted on June 21, 2012 in Case Cites

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172 F.3d 467, cert. denied 528 U.S. 874, 120 S.Ct. 178, 145 L.Ed.2d 151, 68 USLW 3080, 68 USLW 3196, 68 USLW 3228 (U.S. Oct 04, 1999). The purpose of Federal Rules of Civil Procedure Rule 9(b), which requires that fraud be plead “with particularity,” is not, as some say, to give... Continue Reading →

Tags: Fed.R.Civ.P., Federal Rules of Civil Procedure, fraud, fraud with particularity, Rule 9(b)

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