Legal Opinion

United States v. Kernan Hospital

District Court, D. Maryland

Decided July 30, 2012No. Civil Action No. RDB -11-2961PublishedCited by 4 opinions

1Opinion of the Court

Memorandum Opinion

RICHARD D. BENNETT, District Judge.

The United States Government has filed this False Claims Act1 case alleging that the Defendant Kernan Hospital of Baltimore, Maryland, orchestrated a scheme whereby it inappropriately and fraudulently coded malnutrition as a secondary diagnosis in order to increase its federally funded health care reimbursement. Kernan Hospital has moved, by separate motion, to dismiss the Government’s Complaint pursuant to Rule 12(b)(6) and Rule 9(b) of the Federal Rules of Civil Procedure. This Court has reviewed the record, as well as the pleadings and…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.Court of Appeals for the Fourth Circuit · 2011
  4. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  5. Shirley Presley v. City of Charlottesville Rivanna Trails FoundationCourt of Appeals for the Fourth Circuit · 2006

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3Cited by4 opinions

  1. Mercy Medical Center, Inc. v. Fidelis Software Solutions, LLC et al.District Court, D. Maryland · 2026
  2. P. ex rel. Gov. Employees Ins. Co. v. CruzCalifornia Court of Appeal · 2016
  3. Phreesia, Inc. v. Certify Global, Inc.District Court, D. Maryland · 2022
  4. United States v. AkotoDistrict Court, D. Maryland · 2025

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