FREDDY GREEN, PLAINTIFF-APPELLANT,
v.
ELIXIR INDUSTRIES, INC., DEFENDANT-APPELLEE
FREDDY GREEN, PLAINTIFF-APPELLANT,
ELIXIR INDUSTRIES, INC., DEFENDANT-APPELLEE
428 F.3d 1008
Court of Appeals for the Eleventh Circuit (2005)
Caution
Cited by 44 cases
Opinion of the Court
BY THE COURT: On its own motion, the Court hereby vacates its opinion issued on April 29, 2005, which has been replaced by an unpublished opinion entered on October 11, 2005.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (33 total)
-
Urquilla-Diaz v. Kaplan Univ., 780 F.3d 1039 (11th Cir. 2015)…(a)(l)-(2) (2006). “Liability under the False Claims Act .arises from the submission of a fraudulent claim to the government, not the disregard of government regulations or failure to maintain proper internal procedures.” Corsello v. Lincare, Inc., 428 F. 3d 1008, 1012 (11th Cir.2005). Simply put, the “sine qua non of a False Claims Act violation” is the submission of a false claim to the government. Id. (quoting United States ex rel. Clausen v. Lab. Corp. of Am., 290 F. 3d 1301, 1311 (11th Cir.2002)).…
-
United States v. Charles M. McINTEER, M.D., 470 F.3d 1350 (11th Cir. 2006)…ld that although Rule 9(b) “does not mandate all of [that] information for [each] alleged claim[,] ... some of [the] information for at least some of the claims must be pleaded in order to satisfy Rule 9(b).” Id. at 1312 n. 21; Corsello v. Lincare, 428 F. 3d 1008, 1013 (11th Cir.2005) (holding that “[b]ecause it is the submission of a fraudulent claim that gives rise to liability under the False Claims Act, that submission must be pleaded with particularity and not inferred from the circumstances”). On the…
-
Findwhat Inv. Grp. v. Findwhat.com, 658 F.3d 1282 (11th Cir. 2011)…plaintiff; and (4) what the defendant obtained as a consequence of the fraud. Garfield, 466 F. 3d at 1262; Ziemba, 256 F. 3d at 1202. Notably, the “[fjailure to satisfy Rule 9(b) is a ground for dismissal of a complaint.” Corsello v. Lincare, Inc., 428 F. 3d 1008, 1012 (11th Cir.2005) (per curiam). The PSLRA imposes additional heightened pleading requirements on Rule 10b-5 actions. For Rule 10b-5 claims predicated on allegedly false or misleading statements or omissions, the PSLRA provides that “the compla…
Previewing 3 of 33 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence