Topic
Pleading Standard
319 published works
CAFA Law Blog
When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage
John v Whole Foods Market Group Inc., 858 F.3d 732 (2d Cir. June 2, 2017). In this action, while vacating a district court’s order dismissing the plaintiff’s complaint, the Second…
New York Health Law
Second Circuit Sets False Claims Act Pleading Standard For Claim Information
Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long…
Inside the False Claims Act
Fourth Circuit Re-Affirms Sufficiency of Triple Canopy Complaint
By Brian Irving
U.S. ex rel. Badr v. Triple Canopy, Inc., an intervened case arising out of the Fourth Circuit, has been one of the more closely-watched recent FCA cases. Previously, the Fourth…
Inside the False Claims Act
FCA Deeper Dive: Rule 9(b) and Pleading Actual Claims
By Matt Curley
The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we…
Drug & Device Law
Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed
By Bexis
Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert…
PrawfsBlawg
Arguments in Ziglar v. Abbassi
Main Sunday, January 22, 2017Arguments in Ziglar v. AbbassiSome thoughts on last week's oral arguments in Ziglar v. Abassi, the follow-up to Iqbal raising three issues: 1) Whether a Bivens…
Civil Procedure & Federal Courts Blog
SCOTUS Oral Argument in Abbasi
Today the U.S. Supreme Court heard oral argument in three consolidated cases raising issues relating to Bivens, qualified immunity, and pleading standards.The cases are Ziglar v. Abbasi (No. 15-1358), Ashcroft…
Civil Procedure & Federal Courts Blog
Sinnar on Iqbal’s Lost Story
Shirin Sinnar has posted on SSRN a draft of her article, The Lost Story of Iqbal, which is forthcoming in the Georgetown Law Journal. Here’s the abstract:The Supreme Court’s 2009…
Drug & Device Law
Excellent TwIqbal Decision — Plaintiffs Need to Look for Some Enlightenment
This post is from the non-Reed Smith side of the blog. “He who knows others is wise; he who knows himself is enlightened.” --- Lao Tzu This may not be exactly…
SDNY Blog
Judge Swain: Bare Allegation that Courthouse Contractor Was Underpaid Does Not Satisfy Rule 8
In an opinion yesterday, Judge Swain dismissed a case brought by a subcontractor who worked on the SDNY courthouse and claims to have been underpaid by $20 million. She found…