Posts tagged Foglia v. Renal Ventures Management.
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Third Circuit Deepens Circuit Split in Adopting "Nuanced" Standard for FCA Claims
Categories: False Claims Act
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By Daniel C. Fundakowski

                   I.            Background

On June 6, 2014, in Foglia v. Renal Ventures Management, LLC the Third Circuit revived a dismissed False Claims Act ("FCA") lawsuit, holding that the New Jersey District Court applied Federal Rule of Civil Procedure 9(b) too rigorously when granting Renal's 12(b)(6) motion to dismiss.  Under Rule 9(b), an FCA whistleblower must allege "with particularity the circumstances constituting fraud or mistake."

Foglia was hired in 2007 as a registered nurse for Renal Ventures Management, a dialysis provider, and was terminated in 2008.  Foglia ...

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