No. 20-566

United States, ex rel. Diana Juan v. Stephen Hauser, et al.

Lower Court: Ninth Circuit
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: authority defendant-knowledge failure-to-act medicare medicare-fraud overbilling plausible-claim qui-tam remediation-authority systemic-automated systemic-overbilling
Latest Conference: 2020-12-04
Question Presented (from Petition)

Must a Qui Tam Relator in a systemic automated Medicare overbilling case specify more than each Defendant's knowledge that the systemic automated system overbills, the Defendant's authority to order the remediation of the systemic automated overbilling, and Defendant's failure to exercise that power to state a plausible claim for relief.

Question Presented (AI Summary)

Must a Qui Tam Relator in a systemic automated Medicare overbilling case specify more than each Defendant's knowledge that the systemic automated system overbills, the Defendant's authority to order the remediation of the systemic automated overbilling, and Defendant's failure to exercise that power to state a plausible claim for relief

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Waiver of right of respondent Stephen Hauser, Sam Hawgood, Eileen Kahaner and Board of Regents of the University of California to respond filed.
2020-10-23
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

Diana Juan
Dow Wakefield PattenSmith Patten, Petitioner
Stephen Hauser, Sam Hawgood, Eileen Kahaner and Board of Regents of the University of California
Elizabeth Rose MoultonOrrick, Herrington & Sutcliffe, LLP, Respondent