Legal Opinion
United States of America, Ex Rel. John Doe v. Dow Chemical Company
Court of Appeals for the Fifth Circuit
Decided August 29, 2003No. 02-30790PublishedCited by 125 opinions
1Opinion of the Court
CLEMENT, Circuit Judge:
In this case, appellant contends that he stated a valid reverse false claim under the False Claims Act, 31 U.S.C. § 3729(a)(7). The district court dismissed appellant’s claim for failure to plead with particularity under Federal Rule of Civil Procedure 9(b) and failure to state a claim on which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), and denied his motion to dismiss without prejudice and his motion to amend. We affirm.
I. FACTS AND PROCEEDINGS
Appellant John Doe (“Doe”), later revealed to be Russell Thomas, was an employee of appellee Dow…
2Cases cited12 opinions
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- United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
- Cousin v. SmallCourt of Appeals for the Fifth Circuit · 2003
- Performance Autoplex II Ltd. v. Mid-Continent Casualty Co.Court of Appeals for the Fifth Circuit · 2003
- Elbaor v. Tripath Imaging, Inc.Court of Appeals for the Fifth Circuit · 2002
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3Cited by125 opinions
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- United States Ex Rel. Karvelas v. Melrose-Wakefield HospitalCourt of Appeals for the First Circuit · 2004
- Moncrief Oil International Inc. v. OAO GazpromCourt of Appeals for the Fifth Circuit · 2007
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