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
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
In a closely watched appeal, the U.S. Court of Appeals for the First Circuit ruled on February 18 that to satisfy the causation requirement in False Claims Act (FCA) actions based on alleged Anti-Kickback Statute (AKS)...more
Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more
In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more
Last month, the D.C. Circuit revived a False Claims Act (“FCA”) retaliatory discrimination claim by a former employee of Howard University contending that she was fired by the University for objecting both internally and...more
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more
In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more
Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more
In a Law360 article (subscription required), Steven J. Pearlman, co-head of Proskauer’s Whistleblower & Retaliation Group, recently commented on the U.S. Supreme Court’s landmark decision in University of Texas Southwestern...more