No. 18-911

Intermountain Health Care, Inc., et al. v. United States, ex rel. Gerald Polukoff, et al.

Lower Court: Tenth Circuit
Docketed: 2019-01-14
Status: Dismissed
Type: Paid
Amici (1)Response RequestedResponse Waived
Tags: appointments-clause civil-procedure civil-procedure-9(b) false-claims-act fraud particularity-requirement pleading-standards qui-tam rule-9b standing
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (from Petition)

1. Whether a court may create an exception to Federal Rule of Civil Procedure 9(b)'s particularity requirement when the plaintiff claims that only the defendant possesses the information needed to satisfy that requirement.

2. Whether the False Claims Act's qui tam provisions violate the Appointments Clause of Article II of the Constitution.

Question Presented (AI Summary)

Whether a court may create an exception to Federal Rule of Civil Procedure 9(b)'s particularity requirement when the plaintiff claims that only the defendant possesses the information needed to satisfy that requirement

Docket Entries

2019-06-10
Petition Dismissed - Rule 46.
2019-05-24
Motion to dismiss under rule 46.2 filed by petitioner Intermountain Health Care, Inc., et al.
2019-04-29
Letter of April 29, 2019 from counsel for petitioners received.
2019-04-24
Brief of respondent United States in opposition filed.
2019-04-24
Brief of respondent Gerald Polukoff in opposition filed.
2019-03-21
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
2019-03-21
The motions to extend the time to file responses to the petition for a writ of certiorari are granted and the time is extended to and including April 24, 2019, for all respondents.
2019-03-20
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
2019-02-21
Response Requested. (Due March 25, 2019)
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Brief amici curiae of American Hospital Association, et al. filed.
2019-02-04
Waiver of right of respondent United States to respond filed.
2019-01-16
Waiver of right of respondent Gerald Polukoff to respond filed.
2019-01-14
Petition for a writ of certiorari filed. (Response due February 13, 2019)

Attorneys

American Hospital Association and Federation of American Hospitals
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Gerald Polukoff
Tejinder SinghGoldstein & Russell, P.C., Respondent
Intermountain Health Care, Inc., et al.
M. Miller BakerMcDermott Will & Emery LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent