No. 19-892

United States, ex rel. Andrew Gelbman v. City of New York, et al.

Lower Court: Second Circuit
Docketed: 2020-01-17
Status: Denied
Type: Paid
Response Waived
Tags: false-claims-act fraud inference-drawing medicaid medicaid-fraud pleading-standard private-sector public-sector public-sector-providers rule-9b-dismissal
Key Terms:
Securities HealthPrivacy JusticiabilityDoctri
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether the pleading standard should be different for False Claims Act claims against public sector Medicaid providers than it is for such claims against private sector Medicaid providers

Question Presented (OCR Extract)

question presented is: whether the pleading standard should be different for False Claims Act claims against public sector Medicaid providers than it is for such claims against private sector Medicaid providers. The second question presented is: whether the Second Circuit erred in drawing all inferences in favor of Respondents rather than drawing all reasonable inferences in favor of Petitioner. The third question presented is: whether the scheme of fraud by The City of New York against the Government as set forth in Petitioner’s Second Amended Complaint ((Pet. App. la-52a) “SAC”) represents a plausible claim sufficient to avoid dis ii missal as per the standards set forth by this Court in Ashcroft v. Iqbal, 129 S. Ct. 19387 (2009), Bell Atlantic Corp. v. Twombly, 127 8. Ct. 1955 (2007), Escobar, 136 S. Ct. 1989, 1996 (2016) and FRCP 9(b).

Docket Entries

2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-11
Waiver of right of respondent City of New York, New York City Health and Hospitals Corporation to respond filed.
2020-01-15
Petition for a writ of certiorari filed. (Response due February 18, 2020)

Attorneys

Andrew Gelbman
Richard Bradley AncowitzLaw Office of Richard B. Ancowitz, Petitioner
City of New York, New York City Health and Hospitals Corporation
Joseph V. WilleyKatten Muchin Rosenman LLP, Respondent