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· 1/11/2013

United States Ex Rel. Nathan v. Takeda Pharmaceuticals North America, Inc.

Citations

  • 707 F.3d 451
  • 84 Fed. R. Serv. 3d 682
  • 2013 WL 136030
  • 2013 U.S. App. LEXIS 765

How courts have described this case

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

  • holding that a court should “not accept ‘legal conclusions couched as facts or unwarranted inferences, unreasonable conclusions, or arguments’”
  • explaining that in contesting a Rule 12(b)(6) motion, a plaintiff “cannot cure pleading deficiencies in the . . . complaint with later-filed supporting documentation”
  • explaining that, in analyzing Rule 12(b)(6) motions, courts “will not accept legal conclusions couched as facts or unwarranted inferences, unreasonable conclusions, or arguments” (emphasis added) (internal quotation marks omitted)
  • affirming denial of motion for leave to amend in light, inter alia, of a two-year gap between filing of complaint and dismissal
  • denying fourth motion for leave to amend “[i]n n view of the multiple opportunities [the plaintiff] has been afforded to correct his pleading deficiencies”
  • discussing how FCA claim elements require alleging that “a specific false claim was presented to the government for payment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, Keenan, Bredar

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.