Legal Opinion

United States Ex Rel. Butler v. Magellan Health Services, Inc.

District Court, M.D. Florida

Decided November 5, 1999No. 97-1925-CIV-T-17BPublishedCited by 18 opinions

1Opinion of the Court

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS

KOVACHEVICH, Chief Judge.

This cause is before the Court on Defendants’ Motions to Dismiss Plaintiffs Amended Complaint (Dkts.48, 50), and responses. The Court also has for consideration a Motion for Leave to File Reply (Dkt.62).

STANDARDS

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the Plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). A trial court, in ruling on a motion to…

2Cases cited64 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Flast v. CohenSupreme Court of the United States · 1968

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3Cited by18 opinions

  1. United States Ex Rel. Clausen v. Laboratory Corp. of America, Inc.Court of Appeals for the Eleventh Circuit · 2002
  2. McElmurray v. CONSOLIDATED GOV'T, AUGUSTA-RICHMOND COUNTYCourt of Appeals for the Eleventh Circuit · 2007
  3. United States v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2007
  4. United States Ex Rel. Karvelas v. Melrose-Wakefield HospitalCourt of Appeals for the First Circuit · 2004
  5. United States ex rel. Clausen v. Laboratory Corp. of America, Inc.District Court, N.D. Georgia · 2000

13 more not listed; retrieve them via the Exa API.

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