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· 5/17/2001

Ivan Varljen Milena Varljen Euclid Welding Co., Inc. United States, Ex Rel. v. Cleveland Gear Co., Inc. Dana C. Lynch Vesper Corporation James Krava

Citations

  • 250 F.3d 426
  • 2001 U.S. App. LEXIS 9383
  • 2001 WL 520954

How courts have described this case

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

  • noting that for a dismissal to be proper, “it must appear beyond doubt that the plaintiff would not be able to recover under any set of facts that could be presented consistent with the allegations of the complaint”
  • “To survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6), a complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under 10 some viable legal theory.”
  • “recovery under the FCA is not dependent upon the Government’s sustaining monetary damages”
  • “Recovery under the FCA is not dependent upon the government’s sustaining monetary damages.”
  • “To survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory.”
  • “To survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a complaint must contain either 7 direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Siler, Clay

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.