U.S. EX REL. WILKINS v. UNITED HEALTH GROUP, INC.

No. 10-2747.

659 F.3d 295 (2011)

UNITED STATES ex rel. Charles WILKINS; Daryl Willis, Appellants v. UNITED HEALTH GROUP, INCORPORATED; AmeriChoice; AmeriChoice of New Jersey, Inc.

United States Court of Appeals, Third Circuit.

Filed: June 30, 2011.


Attorney(s) appearing for the Case

Ross Begelman, Esq. , (argued), Marc M. Orlow, Esq. , Begelman, Orlow & Melletz, Cherry Hill, NJ, for appellants.

Michael C. Theis, Esq. , (argued), Jaasi J. Munanka, Esq. , Hogan Lovells US, Denver, CO, William P. Deni, Jr., Esq. , Bruce A. Levy, Esq. , Ellen Lubensky, Esq. , Gibbons, Newark, NJ, for appellees.

Tony West, Esq. , Assistant Attorney General, Paul J. Fishman, Esq. , United States Attorney, Douglas N. Letter, Esq. , Teal Luthy Miller, Esq. , (argued), Attorneys, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC, for amicus curiae United States.

BEFORE: FUENTES, SMITH, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on an appeal from an order the District Court entered on May 13, 2010, granting the motion of appellees United Health Group, AmeriChoice, and AmeriChoice-New Jersey (collectively "appellees") under Federal Rule of Civil Procedure 12(b)(6) to dismiss Charles Wilkins' and Daryl Willis' (collectively "appellants") qui tam action

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