What is the proper causation standard for an Anti-Kickback Statute violation to trigger liability under the False Claims Act? The First Circuit has answered that question in a much anticipated interlocutory decision in...more
So far this year, three False Claims Act defendants have challenged judgments against them based on the Excessive Fines Clause of the Eighth Amendment. Remarkably, two were successful, as the District of Minnesota more than...more
Conflicting interpretations of the causation standard in two AKS-predicated False Claims Act cases in the District of Massachusetts, Teva and Regeneron, mirrored the circuit split on the issue and led to interlocutory appeals...more
An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did...more
For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s...more