Legal Opinion

United States v. Kitsap Physicians Service

Court of Appeals for the Ninth Circuit

Decided December 16, 2002No. 01-36089PublishedCited by 307 opinions

1Opinion of the Court

OPINION

TALLMAN, Circuit Judge:

It seems to be a fairly obvious notion that a False Claims Act suit ought to require a false claim. Yet, the plaintiff-appellant in this case filed his action, proceeded to summary judgment, and prosecuted this appeal without ever seeing or presenting to a court a single false claim submitted by the defendants-appellees. This flaw is fatal to a qui tam1 action under the False Claims Act.

Dr. Alfred Aflatooni appeals the summary judgment dismissal of his False Claims Act lawsuit brought against two physician groups and three doctors. The district court dismissed…

2Cases cited16 opinions

  1. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  2. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
  3. United States Ex Rel. Clausen v. Laboratory Corp. of America, Inc.Court of Appeals for the Eleventh Circuit · 2002
  4. Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999
  5. Chen-Cheng Wang, AKA C.C. Wang, an Individual and Ex Rel. The United States of America v. Fmc CorporationCourt of Appeals for the Ninth Circuit · 1992

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

3Cited by307 opinions

  1. Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Oscar W. Jones v. Lou Blanas County of SacramentoCourt of Appeals for the Ninth Circuit · 2004
  3. Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation, Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont CorporationCourt of Appeals for the Ninth Circuit · 2006
  4. Burlington Northern Santa Fe Railroad Company v. The Assiniboine And Sioux Tribes Of The Fort Peck ReservationCourt of Appeals for the Ninth Circuit · 2003
  5. Rimkus Consulting Group, Inc. v. CammarataDistrict Court, S.D. Texas · 2010

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API