There is a split among the circuits regarding what a whistleblower must plead to survive a motion to dismiss in False Claims Act (FCA) cases. The U.S. Court of Appeals for the Third Circuit has now spoken for the first time on the issue. In June, the Third Circuit decided Foglia v. Renal Ventures Management, 754 F.3d 153 (3d Cir. 2014). In its decision, the Third Circuit reversed a district court order granting a motion to dismiss for insufficient detail in the pleadings. In so ruling, the Third Circuit sided with those circuits adopting the less demanding of the competing FCA pleading standards.More
Cozen O’Connor represents clients in federal and state appellate courts throughout the country, including state supreme courts, the thirteen federal circuit courts, and the U.S. Supreme Court. We provide valuable assistance to clients at all stages of litigation, during and prior to trial, pre- and post-verdict, and throughout the appeals process. The firm’s attorneys have successfully handled appellate matters in such diverse legal areas as contract law, business torts, class actions, medical device and drug litigation, toxic torts, intellectual property, insurance coverage, subrogation, professional liability, securities, labor and employment, health law, and white collar crime.
The firm’s front-line appellate advocates use their skills to ensure the best possible outcome on appeal. During trial, they work closely with lead trial counsel to frame issues; ensure that the record is properly developed and protected; and identify the best factual and legal arguments for any appeal. After the close of trial, appellate attorneys provide an integrated analysis of the trial record and relevant case law; write persuasive briefs and appellate documents; and advocate in court before appellate judges and panels. What differentiates Cozen O’Connor’s appellate lawyers is their deep understanding of the trial process, ability conduct sophisticated analyses of pertinent legal theories that will be compelling to an appellate court, and commitment to providing practical, business-minded counsel.
Cozen O’Connor’s appellate team includes more than 50 attorneys around the country with deep post-trial experience. They have collectively handled hundreds of appellate matters, served in prestigious judicial clerkships, authored law review articles, served on law review editorial boards, and participated in numerous court-related committees. This level of professional and academic activity means that our attorneys are particularly well informed about current trends in the appellate field and are able to offer clients prescient strategic advice.
Advise trial counsel prior to and during trial to ensure the proper identification and preservation of appellate issues
Handle all types of appellate matters, even in cases where the firm had no prior involvement at trial
Analyze the trial record, supporting documents, and relevant law in order to develop appellate strategies to ensure the presentation of the most compelling legal arguments to an appellate court
Prepare comprehensive and persuasive appellate briefs and other appellate documents
Present oral arguments in appellate courts before individual judges or judicial panels