Legal Opinion

United States Ex Rel. Willard v. Humana Health Plan of Texas Inc.

Court of Appeals for the Fifth Circuit

Decided June 26, 2003No. 02-40285PublishedCited by 493 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

In this qui tam action, the United States of America, through its relator Irvin Willard (Willard), appeals from the judgment of the district court, pursuant to Fed. R.Civ.P. 12(b)(6) and 9(b), dismissing the second amended complaint filed against Humana Health Plan of Texas, Inc. and Humana, Inc. (Humana) alleging Humana violated the False Claims Act, 31 U.S.C. § 3729, et seq. (FCA). We affirm.

Facts and Proceedings Below

Humana, Inc., through its subsidiary Humana Health Plan of Texas, Inc., operates health maintenance organizations in various counties in Texas. Humana…

2Cases cited30 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  4. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  5. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999

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3Cited by493 opinions

  1. Anthony Martin v. Susan DuffyCourt of Appeals for the Fourth Circuit · 2017
  2. United States Ex Rel. Wilson v. Kellogg Brown & Root, Inc.Court of Appeals for the Fourth Circuit · 2008
  3. Natasha Whitley v. John HannaCourt of Appeals for the Fifth Circuit · 2013
  4. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  5. United States Ex Rel. Riley v. St. Luke's Episcopal HospitalCourt of Appeals for the Fifth Circuit · 2004

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