FCA – ACA = ?

Posted on June 25, 2012 in Legal Updates

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This Thursday, June 28, 2012, the United States Supreme Court will decide the fate of the Patient Protection and Affordable Care Act, aka “Obamacare.” In so doing, it may also make significant changes in one of the newest and most complicated amendments the False Claims Act, with results that are... Continue Reading →

Tags: 60, ACA, deadline, False Claims Act, FCA, FERA, grace period, Obamacare, pleading, PPACA, retention of overpayments, sixty, Supreme Court

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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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