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· 4/12/2013

United States Ex Rel. Estate of Cunningham v. Millennium Laboratories of California, Inc.

Citations

  • 713 F.3d 662
  • 2013 WL 1490435
  • 2013 U.S. App. LEXIS 7398

How courts have described this case

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

  • remanding for district court to consider whether the relator had stated a claim after vacating order dismissing complaint on jurisdictional grounds
  • comparing allegations \in the original complaint and retained in the amended complaint\ to prior public disclosure
  • refusing to dismiss based on the shotgun nature of a pleading and nothing instead that “a pleading deficiency is usually addressed by motion for a more definite statement pursuant to Fed.R.Civ.P. 12(e)”
  • denying challenge to a “shotgun pleading” under Fed. R. Civ. P. 12(b)(1)
  • \Knowledge is 'independent' if it did not depend on the public disclosure. . . .\
  • “Ordinarily, the issue of stating multiple claims in a single count is dealt with as a ‘shotgun’ pleading, or a pleading that fails to identify claims with sufficient clarity to enable a defendant to frame a responsive pleading.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Howard, Thompson

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.