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United States, ex rel. Nancy Chase v. Chapters Health System, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16670 · judgment January 24, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 19% cert probability (95% interval 12%–29%)

Before the decision, about 4.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a business respondent.

Question presented

Whether a relator filing a qui tam suit under the False Claims Act, 31 U.S.C. § 3729 et seq., may satisfy Rule 9(b) of the Federal Rules of Civil Procedure without identifying a specific false or fraudulent claim submitted to the government in her complaint, but instead may do so by alleging the details of a false or fraudulent scheme and facts sufficient to create a basis for an inference that false or fraudulent claims were submitted to the government.

Counsel of record

For petitioner
Tillman James Finley
Marino Finley LLP

For respondent
Joseph Hagedorn Lang Jr.
Carlton Fields, P.A.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 29 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 28 2018
    Reply of petitioner United States ex rel. Nancy Chase filed.
  4. Aug 13 2018
    Brief of respondents Chapters Health System, Inc., et al. in opposition filed.
  5. Jun 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 13, 2018, for all respondents.
  6. Jun 26 2018
    Motion to extend the time to file a response from July 13, 2018 to August 13, 2018, submitted to The Clerk.
  7. Jun 13 2018
    Response Requested. (Due July 13, 2018)
  8. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  9. May 15 2018
    Waiver of right of respondents Chapters Health System, Inc., Chapters Health, Inc., LifePath Hospice, Inc., and Good Shepherd Hospice, Inc. to respond filed.
  10. Apr 24 2018
    Petition for a writ of certiorari filed. (Response due May 29, 2018)