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FOGLIA v. RENAL VENTURES MANAGEMENT, LLC

No. 12-4050.

754 F.3d 153 (2014)

Thomas FOGLIA, In the Name of the United States Government pursuant to the False Claims Act, 31 U.S.C. Section 3730; the State of New Jersey False Claims Act, Title 2A of the New Jersey Statutes and Amending 3 P.L. 1968, C. 413; The State of Texas pursuant to Tex.Hum.Res.Code Sect. 36.001-26.117 and individually pursuant to the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et Seq., Appellant, v. RENAL VENTURES MANAGEMENT, LLC.

United States Court of Appeals, Third Circuit.

Filed: June 6, 2014.

Attorney(s) appearing for the Case

Ross Begelman, Esquire , (Argued), Marc M. Orlow, Esquire , Begelman, Orlow & Melletz, Cherry Hill, NJ, Counsel for Appellant.

R. James Kravitz, Esquire , Barry J. Muller, Esquire , (Argued), Fox Rothchild, Lawrenceville, NJ, Counsel for Appellee.

Before: McKEE, Chief Judge, SMITH, and SLOVITER, Circuit Judges.

OPINION

SLOVITER, Circuit Judge.

Thomas Foglia appeals the District Court's order dismissing his qui tam claim brought under the False Claims Act, 31 U.S.C. § 3729 et seq. Foglia's complaint arises out of claims submitted or presented to Medicare by Defendant Renal Ventures ("Renal") that Foglia alleges are fraudulent. The District Court dismissed on the ground that the complaint failed to state a claim.1

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