News & Analysis as of

Causation Corporate Counsel

Morrison & Foerster LLP

The Sixth Circuit Narrows the Scope of AKS and FCA Liability

On March 28, 2023, the U.S. Court of Appeals for the Sixth Circuit issued a decision in U.S. ex rel. Martin v. Hathaway limiting the scope of liability under the Anti-Kickback Statute (AKS) and the False Claims Act (FCA) in...more

Greenbaum, Rowe, Smith & Davis LLP

Eighth Circuit Imposes “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes...

What You Need to Know- •A holding by the Eighth Circuit Court of Appeals in recent months took a stance on the causation standard for False Claims Act cases premised on violations of the Anti-Kickback Statute. •The Court’s...more

Maron Marvel

We Are What We Eat: How a Person’s Diet Can Play a Part in Defending a Toxic Tort Case

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For as long as humanity has existed, there has been a love-hate relationship with food and diet in our daily lives. We love celebrating a big moment in our life with a Michelin-rated meal, but the next day many of us are...more

Lowenstein Sandler LLP

Riding the Wave of Cyber Insurance Claim Payments: A Trend Cresting or Crashing?

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Ransomware attacks are on the rise. Cyber criminals continue to exploit lax security measures, which have become more acute in the work-from-home environment, and hack into companies’ systems, encrypt their data, and then...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

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Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

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In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more

Fisher Phillips

Florida’s New Law Shields Various Businesses, Institutions, and Healthcare Providers Against COVID-19 Liability

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With the click of a pen, Florida Governor Ron DeSantis signed a new law — the most aggressive of its kind compared to others passed across the country — that protects businesses, educational and religious institutions,...more

Orrick, Herrington & Sutcliffe LLP

United States Supreme Court Clarifies Contours of Specific Personal Jurisdiction in Ford Motor Co. v. Montana Eighth Judicial...

In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. v. Bandemer, issued Wednesday, the United States Supreme Court rejected Ford Motor Company’s challenge to two state courts’ assertion of specific...more

McCarter & English, LLP

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more

BCLP

Why Companies Should Consider Genomic Evidence In Defending Toxic Torts

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What is Genomics? Genomics is the study of all the genes within an organism, including humans, and how all of those genes are interrelated and influence the organism.  Genetics is primarily focused on single genes.  Genomics...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Declares That, to Survive Motions to Dismiss, Antitrust Allegations Require Factual Support for All “Necessary...

Last Wednesday, the Second Circuit Court of Appeals partially vacated the judgment of the district court in In re Actos End-Payor Antitrust Litigation. In doing so, the Second Circuit allowed only plaintiffs’ claims that...more

Locke Lord LLP

New Jersey Judge Tosses Ovarian Cancer Talc Cases Based on “Narrow and Shallow” Testimony of Plaintiffs’ Experts

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A New Jersey judge has dismissed two lawsuits where plaintiffs alleged that talcum powder caused their ovarian cancer. The cases were consolidated in Atlantic County before Judge Nelson C. Johnson as part of New Jersey’s...more

Morrison & Foerster LLP - Class Dismissed

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the...more

BCLP

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

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On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

Proskauer - Whistleblowing & Retaliation

ARB Rejects SOX Claim of Employee Who Threatened Co-Worker

On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more

Proskauer - Whistleblowing & Retaliation

3rd Circuit Affirms Dismissal in Long-Running Weist SOX Whistleblower Case

On February 2, 2016, the Third Circuit affirmed the dismissal of the SOX whistleblower retaliation claim in the closely watched case of Weist v. Tyco Electronics Corp., No. 15-2034. We have posted on key events during the...more

Pierce Atwood LLP

Maine Court Upholds Award Of Workers’ Comp - Cautionary Case For Employers That Allow Employees To Work At Home

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Presumption of Causation – In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided...more

Davis Wright Tremaine LLP

Four Loko Liability Ruling Notable, but Not Game-Changing

A California court recently held that Four Loko is not protected from liability in a wrongful death lawsuit. Fiorini v. City Brewing Co., LLC, 2014 WL 5743133 (Cal. Ct. App. Nov. 6, 2014). In this case, the parents of a...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

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