Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

Posted on October 21, 2016 in Discovery, Rule 12(b)(6)

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 →

Tags: discovery, False Claims Act, FCA, motion to dismiss

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

Posted on December 4, 2014 in Anti-Kickback Statute, Case Analysis, Litigation Handbook, Rule 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 →

Tags: 7th Circuit, 9(b), dismissal, Illinois, motion to dismiss, particularity, pleading, Posner, Seventh Circuit

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

Posted on October 14, 2014 in Case Cites

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 →

Tags: actual claim, conspiracy, False Claims Act, FCA, fraud with particularity, Graves, individual defendants, motion to dismiss, Plaza Medical Centers, specific allegations

Fifth Circuit: Telecom Corporations Not Subject to FCA Claims on E-Rate Allegations

Posted on July 8, 2014 in Case Analysis

The Fifth Circuit rejected the government’s attempt to expand the FCA’s reach to include non-government funds overseen by a non-governmental entity simply because the government had the ability to exert a modicum of control over the entity.... Continue Reading →

Tags: 12(b)(6), Fifth Circuit, government contractor, motion to dismiss, qui tam, Texas, whistleblower

Bell Atlantic v. Twombley

Posted on June 25, 2012 in Case Cites

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

Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

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 →

Tags: dismissal, False Claims Act, fraud with particularity, jurisdiction, material, materiality, motion to dismiss, original source, qui tam, relator, Rule 9(b), whistleblower