JD Supra

False Claim Act Liability Under Anti-Kickback Statute Requires But-For Causation: First Circuit Narrows Liability in Growing Circuit Split

The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation ...
JD Supra

Circuit Split Regarding But-For Causation in False Claims Act/Anti-Kickback Act Cases: Are There Two Pathways to Establish FCA Falsity in These Cases or Just One?

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. 1 And a substantial number ...
The National Law Review

Anti-Kickback Statute Premised False Claims Cases: The “But For” Causation Standard Finds Support from First Circuit

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The National Law Review

First Circuit Adopts But-For Causation Standard for Kickback-Premised False Claims Act Actions

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Reuters

False Claims Act liability: When do claims for health care reimbursement 'result from' Anti-Kickback Statute violations?

September 25, 2025 - Participants in the health care and life sciences industry continue to face robust False Claims Act ("FCA") enforcement scrutiny and litigation risk. Indeed, on July 2, 2025, the ...
Law

Recent Developments in 'Regeneron', and Eleventh Circuit Argument Regarding the Constitutionality of the False Claims Act’s Qui Tam Provision

This article updates on two key legal cases in healthcare enforcement. First, in Regeneron, after the First Circuit ruled that FCA liability requires “but-for causation” linking kickbacks to claims, ...
Law

Understanding Causation: The Heart of the Plaintiff's Toxic Tort Claim

One of the major concerns of the plaintiffs' bar was that the Court of Appeals decision in Bostic seemed to require a showing of strict "but-for" causation—so that but for the exposure to a specific ...