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First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the...more

New circuit split on evidence needed to prove a kickback renders a claim false or fraudulent

The Eighth Circuit released an opinion Tuesday in U.S. ex rel. Cairns v. D.S. Medical LLC that creates a new circuit split on the interpretation of the causation standard for establishing that a claim “resulting from” a...more

The False Claims Act Guide: 2021 and the road ahead

In the latest edition of our False Claims Act Guide: 2021 and the road ahead, we analyze the key developments from 2021 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more

Health care program penalties rise with Bipartisan Budget Act of 2018

Buried within a two-year budget agreement, among hundreds of pages of federal spending legislation, are key changes to several federal health care fraud statutes. The Bipartisan Budget Act of 2018 (BBA), enacted on February...more

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