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· 6/1/2011

United States Ex Rel. Hutcheson v. Blackstone Medical, Inc.

Citations

  • 647 F.3d 377
  • 2011 U.S. App. LEXIS 10972
  • 2011 WL 2150191

How courts have described this case

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

  • holding that similar language in a provider agreement was sufficient to state a claim that subsequently submitted Medicare claims were false under the FCA
  • noting that FCA makes no distinction between how non-submitting and submitting entities may render the underlying claim or statement false or fraudulent
  • stating that a 12(b)(6) motion requires the court to analyze the facts alleged in the complaint “in the light most hospitable to the plaintiff’s theory”
  • stating that a 12(b)(6) motion requires the court to analyze the facts alleged in the counterclaim “in the light most hospitable to the plaintiff’s theory”
  • stating that a 12(b)(6) motion requires the court to analyze the facts alleged in the complaint “in the light most hospitable to the plaintiff’s theory”
  • explaining that “the fact that the physician claims sought payment for services rather than devices” does not “render the fact that the physicians accepted kickbacks irrelevant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Lipez, Howard

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.