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· 3/11/2015

Carlos Urquilla-Diaz v. Kaplan University

Citations

  • 780 F.3d 1039
  • 2015 WL 1037084

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiffs “failure to include the adverb solely—a word with no talismanic power—is not enough to preclude the inference that he pleaded a plausible violation of the False Claims Act”
  • holding that existence of scienter is a jury question
  • affirming dismissal with prejudice of relator’s FCA qui tam action under Rule 12(b)(6) and modifying judgment to be without prejudice to the United States
  • considering the defendant’s efforts to comply with the Rehabilitation Act as evidence that the defendant took its obligations seriously
  • affirming dismissal of the plaintiff’s second amended FCA complaint with prejudice
  • \ Rule 9(b) provides that a party alleging fraud 'must state with particularity the circumstances constituting fraud' but may allege scienter generally.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Dubina, Rodgers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.