7 Analyses of this case by attorneys

  1. False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional Guidance

    Jackson Lewis P.C.Susan M. CorcoranMarch 21, 2016

    Comparatively, the Third, Fifth, and Ninth Circuits apply a more relaxed standard that allows a relator to plead “particular details of a scheme to submit false claims paired with reliable indicia that lead to a strong inference that claims were actually submitted,” without pointing to a specific false claim. Foglia v. Renal Ventures Mgmt., LLC, 754 F.3d 153, 156 (3d Cir. 2014); see also Ebeid ex rel. U.S. v. Lungwitz, 616 F.3d 993, 998-99 (9th Cir. 2010); United States ex rel.

  2. False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

    Akin Gump Strauss Hauer & Feld LLPFebruary 14, 2018

    , and Fogliav. Renal Ventures Mgmt., LLC, 754 F.3d 153, 156-57 (3d Cir. 2014) (adopting same approach and discussing circuit split). 63 One year later, in 2017, another panel in the 2nd Circuit, United States ex rel.

  3. Health Update - September 2015

    Manatt, Phelps & Phillips, LLPLisl DunlopSeptember 25, 2015

    The Seventh Circuit concluded that no jury could have reasonably found that the defendant provided truly worthless services, since there was undisputed evidence that the defendant provided services of some value to its patients.United States ex rel. Foglia v. Renal Ventures Mgmt., LLC, 754 F.3d 153 (3d Cir. 2014) A relator brought a qui tam action under the FCA against a dialysis care services company for falsely certifying to Medicare that it was in compliance with state regulations regarding quality of care, falsely submitting claims for reimbursement for a particular drug, and improperly reusing single-use vials. The district court dismissed for failure to state a claim under Rule 9(b), focusing on the relator's failure to provide a representative sample or identify representative examples of specific false claims made to the government.

  4. False Claims Act: 2014 Year In Review

    Bradley Arant Boult Cummings, LLPKyle HankeyJanuary 19, 2015

    Fed. Rule Civ. P. 9(b)U.S. ex rel. Foglia v. Renal Ventures Mgmt., LLC, 754 F.3d 153 (3d Cir. 2014) The appropriate pleading standard under Rule 9(b) continues to be an area of significant debate in FCA jurisprudence. Rule 9(b) states that “in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.”

  5. Trends in New Jersey Employment Law - December 2014

    Proskauer Rose LLPJoseph C. O'KeefeJanuary 2, 2015

    For more on Stark, please see our CEPA Roundup.Federal Whistleblowing Cases New Jersey courts also addressed important federal whistleblowing cases. In LLC, 754 F.3d 153 (3d Cir. 2014), the Third Circuitqui tam suit need only allege the "particular details" of a claims scheme and a "sufficient indicia" of the false claims. By way of background, qui tam actions under the False Claims Act (or FCA) allow a plaintiff, here called a relator, to bring a claim on behalf of the government if he or she has knowledge of fraud perpetrated on it.

  6. Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

    Proskauer Rose LLPJohn BarryJanuary 2, 2015

    For more on Stark, please see our CEPA Roundup.Federal Whistleblowing Cases New Jersey courts also addressed important federal whistleblowing cases. In Foglia v. Renal Ventures Mgmt., LLC, 754 F.3d 153 (3d Cir. 2014), the Third Circuitheld that, to avoid dismissal, a relator in a qui tam suit need only allege the “particular details” of a claims scheme and a “sufficient indicia” of the false claims. By way of background, qui tam actions under the False Claims Act (or FCA) allow a plaintiff, here called a relator, to bring a claim on behalf of the government if he or she has knowledge of fraud perpetrated on it.

  7. Third Circuit Adopts Relaxed Pleading Standard for False Claims Act Cases

    King & Spalding LLPJune 17, 2014

    The United States Court of Appeals for the Third Circuit recently rejected the strict approach taken by many federal circuit courts to Federal Rule of Civil Procedure 9(b) that requires a qui tam relator bringing a False Claims Act (FCA) case to plead details of false claims that were actually submitted to the government in order to survive dismissal. SeeFoglia v. Renal Ventures Mgmt., LLC, Case No. 12-4050, 2014 WL 2535339 (3d Cir. June 6, 2014). In doing so, the Third Circuit joined other federal appeals courts that have taken what the court described as a “more nuanced” approach to Rule 9(b).