Skip to main content
· 5/8/2009

United States Ex Rel. Gagne v. City of Worcester

Citations

  • 565 F.3d 40
  • 2009 U.S. App. LEXIS 10079
  • 2009 WL 1260412

How courts have described this case

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

  • holding that Rule 9(b) may be satisfied “where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA”
  • noting that, while presentment is an element of § 3729(a)(1), presentment is not an element of §§ 3729(a)(2)-(3)
  • affirming dismissal of an (a)(2) claim under Rule 9(b) where “[r]elators fail to connect the only falsity or fraud for which they provide any detail”
  • affirming denial of leave to file- third amended complaint because of “repeated failure to cure the deficiencies in [the] pleadings”
  • finding that particularity standard was not met where relators failed to “connect the only falsity or fraud for which they provide any detail . . . to an effort to get a false claim paid or approved by the government”
  • afirrming the denial of leave to, amend where the plaintiffs second amended complaint was insufficient

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Farris, Boudin

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.