News & Analysis as of

Department of Justice (DOJ) Appellate Courts

Davis Wright Tremaine LLP

In Key Ruling, 1st Circuit Adopts "But-For" Causation Standard for FCA Claims Arising From Unlawful Kickbacks

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

Polsinelli

A Deepened Divide: Appellate Court Joins False Claims Act Circuit Split in Favor of Health Care Defendants

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On February 18, 2025, the United States Court of Appeals for the First Circuit issued its opinion in United States v. Regeneron Pharmaceuticals Inc., finding that, in Anti-Kickback Statute (AKS) cases, the government must...more

WilmerHale

First Circuit Adopts “But For” Causation Standard under the Anti-Kickback Statute, Paving the Way for Potential Supreme Court...

WilmerHale on

Last week, the First Circuit Court of Appeals issued its long-awaited decision in United States v. Regeneron Pharmaceuticals with significant implications for health care companies facing allegations of violations of the...more

Arnall Golden Gregory LLP

Narrowing FCA Cases Based on Kickback Allegations: What Healthcare and Life Sciences Companies Need to Know About the Regeneron...

On February 18, 2025, in a closely watched decision, the United States Court of Appeals for the First Circuit in United States v. Regeneron Pharmaceuticals Inc., No. 23-2086, 2025 U.S. App. LEXIS 3667 (1st Cir. Feb. 18, 2025)...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

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On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

Akerman LLP - Health Law Rx

Update: Appellate Showdown Over FCA Qui Tam Provision’s Constitutionality Reaches Eleventh Circuit

As we anticipated in our October 17, 2024, blog, both the Government and the Relator have appealed the district court’s decision in U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, et al. (Zafirov), the first case to...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

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In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Holland & Knight LLP

CTA: Government's Emergency Application to Supreme Court to Impose Stay – What's Next?

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As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again"...more

Morrison & Foerster LLP

Second Circuit Clarifies the Scope of Common Law Sovereign Immunity in Criminal Actions

On October 22, 2024, the Second Circuit Court of Appeals affirmed the Southern District of New York’s decision denying the motion of Turkiye Halk Bankasi A.S. (“Halkbank”), a commercial bank that is majority owned by the...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar...

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From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense...more

Wiley Rein LLP

Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application

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The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a warranty exclusion barred coverage for a claim arising from circumstances that were not disclosed in an insured’s application for...more

Husch Blackwell LLP

Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA

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On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more

Cozen O'Connor

Fourth Circuit Adopts Safeco Scienter Standard to Prove False Claims Act Violation in Legal Falsity Cases

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A few weeks ago, the U.S. Court of Appeals for the Fourth Circuit answered a critical inquiry in the False Claims Act (“FCA”) context: does a defendant violate the FCA when it’s reading of the regulation is objectionably...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 3

McGlinchey Stafford on

City of Chicago v. Fulton, Case No. 19–357 (2021). The mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay under 11 U.S.C. §362(a)(3) of the Bankruptcy Code. ...more

Jones Day

New Appellate Court Ruling on Priority of Straddle-Year Taxes in Bankruptcy

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A basic tenet of bankruptcy law, premised on the legal separateness of a debtor prior to filing for bankruptcy and the estate created upon a bankruptcy filing, is that prepetition debts are generally treated differently than...more

ArentFox Schiff

Third Circuit Holds that False Claims Act First-to-File Bar is Not Jurisdictional

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Third Circuit Holds that False Claims Act First-to-File Bar is Not Jurisdictional - On September 1, 2020, the US Court of Appeals for the Third Circuit held that the False Claims Act (FCA) first-to-file bar, 31 U.S.C. §...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For May 2020

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Mintz - Health Care Viewpoints

Effects of Social Distancing and COVID-19 on Government Investigations & Proceedings Still Developing

In the midst of the upheaval caused by social distancing and related efforts to minimize and contain COVID-19-related risks, we have been monitoring steps taken by the Department of Justice (DOJ), the U.S. Attorneys’ Offices...more

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