Legal Opinion

United States ex rel. Estate of Cunningham v. Millennium Laboratories

District Court, D. Massachusetts

Decided January 30, 2012No. Civil Action No. 09-12209-JLTPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

I. Introduction

The Estate of Robert Cunningham (“Relator”) brings suit asserting that Defendants1 violated 31 U.S.C. § 3729(a), the federal False Claims Act (“FCA”), and similar statutes of fourteen states2 and the District of Columbia. Presently at issue is Defendant’s Motion to Dismiss the First Amended Complaint [# 36]. For the following reasons, Defendants’ Motion is ALLOWED.

II. Background

A. Factual Background

Because the issues analyzed here arise in the context of a motion to dismiss, this court examines the facts as they are presented in Relator’s…

2Cases cited19 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Rockwell International Corp. v. United StatesSupreme Court of the United States · 2007
  3. Mollan v. TorranceSupreme Court of the United States · 1824
  4. Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
  5. Graham County Soil & Water Conservation District v. United States Ex Rel. WilsonSupreme Court of the United States · 2010

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3Cited by1 opinion

  1. United States Ex Rel. Judd v. Quest Diagnostics Inc.Court of Appeals for the Third Circuit · 2015

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