· 12/3/2014
United States Ex Rel. Grenadyor v. Ukrainian Village Pharmacy, Inc.
Citations
- 772 F.3d 1102
- 90 Fed. R. Serv. 3d 393
- 2014 U.S. App. LEXIS 22734
- 2014 WL 6783033
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that allegations based on information and belief “won’t do in a fraud case—for it can mean as little as ‘on rumor.’ ”
- noting that the implied certification theory is “treated as unsettled by our court” but finding that, even if accepted, the relator’s claim nonetheless fails
- discussing that relator must be able to explain how he knows of the alleged fraud
- explaining that to comply with 9(b), relator alleging a kickback scheme under the FCA “would have had to allege either that the pharmacy submitted a claim to Medicare (or Medicaid
- providing that to plead fraud with requisite particularity based upon “information and belief,” the plaintiff must (1) show that facts constituting fraud are not accessible to him, and (2) provide grounds for his suspicions
- affirming dismissal of qui tam claim for failure to plead kickbacks with particularity but reversing dismissal of retaliation claim based on internal reporting of alleged kickbacks
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Rovner, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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