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First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard

The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations. In a victory for False Claims Act (FCA)...more

US Supreme Court Upholds Broad, but Not Unfettered, Government Authority to Dismiss FCA Cases

DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard. The US Supreme Court, in its 8-1 June 16,...more

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds. An April 2022 US Department of Justice (DOJ) settlement suggests...more

Private Equity Firm Faces FCA Liability for Portfolio Company’s Alleged Misconduct

DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act. Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more

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