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

The First Circuit Requires But-For Causation in False Claims Act Cases Predicated on Violations of the Anti-Kickback Statute, Adding to Circuit Split

On February 18, 2025, in United States v. Regeneron Pharmaceuticals, the First Circuit held that to establish civil liability under the False Claims Act (“FCA”) premised on violations of the ...
Law

False Claims Act Causation Standard Continues to Divide Federal Courts

A Massachusetts federal court decision issued last week in a False Claims Act case highlighted a growing circuit divide over the correct standard of causation for determining a violation of the ...
Law

Recent Developments in eHealth, and Ongoing Litigation Regarding “But-For” Causation Under the False Claims Act

"This edition of the Healthcare Enforcement column continues to follow recent developments in United States ex rel. Shea v. eHealth, Inc. et al., 21-cv-11777 (DJC) (D. Mass.), a significant False ...