JD Supra

Circuit Split Regarding But-For Causation in False Claims Act/Anti-Kickback Act Cases: Are There Two Pathways to Establish FCA Falsity in These Cases or Just One?

Historically, the vast majority of revenue that the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, generates has arisen from cases brought against the health care industry. 1 And a substantial number ...
JD Supra

False Claim Act Liability Under Anti-Kickback Statute Requires But-For Causation: First Circuit Narrows Liability in Growing Circuit Split

The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation ...
The National Law Review

Anti-Kickback Statute Premised False Claims Cases: The “But For” Causation Standard Finds Support from First Circuit

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The National Law Review

First Circuit Adopts But-For Causation Standard for Kickback-Premised False Claims Act Actions

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

False Claims Act Causation Standard Continues to Divide Federal Courts

False Claims Act Causation Standard Continues to Divide Federal Courts A federal judge in Massachusetts reached the same heightened causation standard as applied in the court's 2023 decision in U.S. v ...