Ebeid Ex Rel. United States v. Lungwitz

How courts have described this case

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

• holding that 42. C.F.R. § 424.22(d), which limits which physicians may certify or recertify the need for home-health services, is an express condition of payment
• holding that FCA claims cannot be pled under a “relaxed” Rule 9(b) standard
• concluding that it 21 is sufficient under Rule 9(b) to allege the “particular details of a scheme to submit false claims 22 paired with reliable indicia that lead to a strong inference that claims were actually submitted”
• holding the complaint’s “general allegations — lacking any details or facts setting out the who, what, when, where, and how of the [alleged fraud]” — were insufficient to satisfy Rule 9(b) (internal quotation marks omitted)
• holding a complaint’s “general allegations— lacking any details or facts setting out the who, what, when, where, and how of the [allegedly fraudulent conduct]”—were insufficient to satisfy Rule 9(b) (internal quotation marks omitted)
• declining to relax \traditional pleading standards for fraud under Rule 9(b)” where relator was an \outsider” because \the FCA is geared primarily to encourage insiders to disclose information necessary to prevent fraud\

Source: CourtListener parenthetical corpus (CC0).