Read US EX. REL. WILLARD v. HUMANA HEALTH PLAN OF TEXAS INC., 02-40285

The dismissal of the second amended complaint filed against defendant for allegedly violating the False Claims Act, 31 U.S.C. section 3729, is affirmed where plaintiff did not file a motion to reconsider as part of which he could have moved to amend his complaint.

Appellate Information

• Decided 06/26/2003
• Published 06/26/2003

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gerald M. Birnberg (argued), Matt E. Rubin, Williams, Birnberg & Andersen, John E. O'Neill (argued), Clements, O'Neill, Pierce, Wilson & Fulkerson, Patrick Andrew Zummo, Zummo, Mitchell & Perry, Houston, TX, for Plaintiff-Appellant., William Joseph Boyce (argued), Fulbright & Jaworski, Houston, TX, for Humana Health Plan of Texas Inc.


• For Appellees:
  
• Frederick L. Robinson, Fulbright & Jaworski, Washington, DC, for Defendants-Appellees.