· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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