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Supreme Court of the United States › Causation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Cranfill Sumner LLP

Kickbacks and Causation: Supreme Court Could Soon Settle the Question of Anti-Kickback Statute and False Claims Act Causation...

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A decision by the First Circuit Court of Appeals has deepened the legal debate surrounding False Claims Act (FCA) actions based on violations of the Anti-Kickback Statute (AKS). This decision has increased speculation that...more

Epstein Becker & Green

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for...

Epstein Becker & Green on

In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more

Lowenstein Sandler LLP

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Lowenstein Sandler LLP on

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation...more

ArentFox Schiff

Investigations Newsletter: Massachusetts District Court Judge Applies Heightened Causation Standard in FCA Case

ArentFox Schiff on

Massachusetts District Court Judge Applies Heightened Causation Standard in FCA Case - On January 6, a District Court of Massachusetts judge granted summary judgment for defendants on allegations of violating the...more

Mintz - Health Care Viewpoints

EnforceMintz — Scienter, Causation, and Constitutional Questions: 2024’s Three Key FCA Litigation Issues

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In 2024, federal courts issued a number of important decisions in False Claims Act (FCA) cases that are particularly noteworthy for the health care and life sciences industries. We focus here on decisions that further develop...more

Jackson Lewis P.C.

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

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The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more

Bass, Berry & Sims PLC

Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward

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False Claims Act (FCA) practitioners have been closely watching cases in which courts address the causation requirement in FCA actions based on Anti-Kickback Statute (AKS) violations....more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Mintz

EnforceMintz — Practical Lessons Learned from FCA Litigation in 2023

Mintz on

In 2023, the Supreme Court and the United States Courts of Appeals published a number of significant decisions with implications for entities in the health care and life science industries facing False Claims Act (FCA)...more

Foley & Lardner LLP

Acetaminophen MDL: Judge Excludes All of Plaintiffs’ Causation Experts Pursuant to Newly-Amended FRE Rule 702

Foley & Lardner LLP on

On December 1, 2023, amendments to Federal Rule of Evidence (FRE) 702 geared toward emphasizing and explaining the responsibility of the judge as a “gatekeeper” for expert testimony took effect. On December 18, 2023, one of...more

Proskauer - Law and the Workplace

Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

Proskauer - Law and the Workplace on

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more

Bradley Arant Boult Cummings LLP

District of Massachusetts Split on Causation Standard in Kickback FCA Cases

Bradley Arant Boult Cummings LLP on

The District of Massachusetts has joined the growing chorus of courts that have applied a heightened causation standard in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS). U.S. District Judge F....more

Haug Partners LLP

10 Years after Actavis, the Cases that Follow Tell a Story

Haug Partners LLP on

I. Introduction - No pharmaceutical antitrust decision has had more impact than the Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, a decision which officially defined the term “reverse payment...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2023

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Proskauer - Law and the Workplace

EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay

Proskauer - Law and the Workplace on

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more

Mintz - Health Care Viewpoints

Courts Continue to Grapple with the Causation Standard for False Claims Act Suits Based on Alleged Kickback Schemes, While the...

Mintz - Health Care Viewpoints on

A recent Massachusetts Federal District Court decision adds to divergent opinions deciding an important health care enforcement question: what causation standard applies to a False Claims Act (FCA) case based on a violation...more

Bass, Berry & Sims PLC

District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided

Bass, Berry & Sims PLC on

Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an...more

Harris Beach Murtha PLLC

National Mass Torts: 2022 Year in Review

Harris Beach Murtha PLLC on

Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

Cozen O'Connor on

Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation- United States v. Claude (October 27, 2021), No. 20-3563- BACKGROUND- Defendant sought compassionate release to reduce his...more

Faegre Drinker Biddle & Reath LLP

The Rule 702 Toolbox: How Do You Solve a Problem Like the Ninth Circuit?

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There has been much discussion recently about how Rule 702 is in need of a tune-up to better guide district courts’ gatekeeping. More about that soon. But a case now pending before the Supreme Court, Monsanto Company v....more

Burr & Forman

“Arising Out Of or Relating To”: The Supreme Court Expands Application Of “Relate To” for Specific Personal Jurisdiction Framework

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The Supreme Court’s recent opinion regarding its specific personal jurisdiction framework could have far-ranging implications for parties objecting to a lawsuit on jurisdictional grounds....more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 2nd Quarter 2021

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Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

King & Spalding

District of New Jersey Jettisons Third Circuit’s Causation Requirement for Personal Jurisdiction in Wake of Supreme Court’s Ford...

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On May 11, 2021, Judge Kevin McNulty of the District of New Jersey issued an order applying the Supreme Court’s recent personal jurisdiction decision in Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct....more

Rumberger | Kirk

Ford vs. Forum Shopping: The Attempt to Limit Personal Jurisdiction to a “Causation Only” Analysis

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Personal jurisdiction is perhaps one of the most complicated areas in litigation.  Each successive case since International Shoe Co. v. Washington, seems to create more new questions than answers, and the unanimous decision...more

King & Spalding

Supreme Court Rejects “Causation-Only” Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs’ Claims...

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On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the...more

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