False Claims Act Insights - Emptying Our FCA Notebook: A Summary of Recent FCA-Related Developments
I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the...more
The District of Massachusetts held a hearing on defendants’ motion to dismiss in United States ex rel. Shea v. eHealth, Inc., et al. (No. 21-cv-11777-DJC), a notable False Claims Act (FCA) case examining the intersection of...more
A key question in class certification decisions in the United States is whether class-wide evidence can be used to determine whether the challenged conduct resulted in harm to all or almost all proposed class members....more
Robert Jackson v. Pep Boys, 2025 WL 2954922 (Oct. 20, 2025) - The claimant had suffered a compensable work injury to his low back in 2004. As a result, he underwent five compensable low back surgeries, all performed by Dr....more
In Jena Lhotsky v. Guy Sutcliffe, No. 2024-CA-1521-MR (Ky. Ct. App. Oct. 17, 2025), a recently published opinion, the Kentucky Court of Appeals proposed a substantial change to how courts across the Commonwealth analyze...more
In CITGO Petroleum v. Ascot Underwriting Limited, et al., Case No. 24-227 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit recently affirmed a $54.2 million judgment (plus interest) in favor of CITGO Petroleum...more
When it comes to liability insurance, the distinction between intentional acts and negligence can have major implications for coverage—especially in cases involving violent conduct. A recent decision from the California Court...more
On September 30, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded FERC’s order approving a two-tiered fuel rate structure for Antero Resource Corporation’s...more
Peralta v. Silver Line Building Products - (NJ Appellate Division, Argued 9/18/25, Decided 9/24/25) - In this decision, the court affirmed a workers’ compensation judge’s ruling requiring the employer to authorize and pay for...more
In the latest in a series of recent cases involving the “but-for” causation standard for Anti-Kickback Statute (“AKS”) claims, Judge Waverly D. Crenshaw in the U.S. District Court for the Middle District of Tennessee has...more
The Texas Supreme Court’s recent decision in Werner Enterprises, Inc. v. Blake (No. 23-0493) clarifies proximate causation in personal injury cases ensuring an appropriate bar for proving the causation element of a negligence...more
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. And a substantial number of FCA actions include...more
“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more
Over the past few years, more and more Americans have been diagnosed with a mental health condition. According to Mental Health America, nearly 1 in every 5 adults will have a diagnosable mental health condition in any given...more
Regeneron Court Permits Government to Pursue False Certification Theory - On August 4, the district court in the closely watched Regeneron case granted the government’s request to file a second partial summary judgment...more
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more
In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more
In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more
What is the proper causation standard for an Anti-Kickback Statute violation to trigger liability under the False Claims Act? The First Circuit has answered that question in a much anticipated interlocutory decision in...more
A circuit split over the causation standard under the federal Anti-Kickback Statute (AKS) could grow wider after a recent Northern District of Illinois (NDIL) decision. In United States ex rel. Jeffrey Wilkerson & Larry...more
Host Jonathan Porter welcomes back to the show Husch Blackwell litigator Tanner Cook to discuss an assortment of recent False Claims Act-related legal and policy developments. A U.S. Supreme Court FCA decision, a rare FCA...more
There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more
The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations. In a victory for False Claims Act (FCA)...more
The United States Court of Appeals for the First Circuit recently joined the Sixth Circuit (2023) and Eighth Circuit (2022) in holding that the term “resulting from” in the Federal Anti-Kickback Statute (“AKS”) (as amended in...more
On February 18, 2025, the U.S. Court of Appeals for the 1st Circuit issued a highly anticipated ruling interpreting the relationship between the False Claims Act ("FCA") and the federal Anti-Kickback Statute ("AKS"), holding...more