United States Ex Rel. Keshav S. Joshi v. St. Luke's Hospital, Inc. Mohammed Bashiti, United States of America, Movant Below

How courts have described this case

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

• recognizing that the intent of Rule 9(b)’s heightened pleading standard is “to enable the defendant to respond specifically and quickly to the potentially damaging allegations”
• concluding that a complaint that failed to specify any specific, single instance of fraud or representative examples was insufficiently pleaded under FED. R. CIV. P. 9(b)
• holding that the relator’s complaint, which alleged that defendants engaged in a systematic practice of submitting fraudulent claims over a sixteen-year period, failed to satisfy Rule 9(b) because it was “void of a single, specific instance of fraud, much less any representative examples”
• finding that an amendment was futile because the proposed amended complaint did not sufficiently plead fraud
• explaining that “the complainant must identify the who, what, where, when, and how of the alleged fraud” (citation omitted)
• noting that claims of systemic fraud over time do not need to specify every single instance of fraud, but must at least provide some representative examples with the required specifics

Source: CourtListener parenthetical corpus (CC0).