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Appeals › Causation › Appellate Courts

Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

Greenbaum, Rowe, Smith & Davis LLP on

The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Faegre Drinker Biddle & Reath LLP on

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Robinson+Cole Health Law Diagnosis

First Circuit Makes Historic Decision: “But-For” Causation is the Majority Standard in AKS-Based FCA Claims

Robinson+Cole Health Law Diagnosis on

In a much-anticipated decision, the First Circuit unanimously ruled the government and relators must prove that a violation of the federal Anti-Kickback Statute (AKS) was the “but-for” cause of a false claim under the False...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

Stevens & Lee on

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

Blank Rome LLP

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

Blank Rome LLP on

Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically,...more

McDermott Will & Schulte

Missed Appropriation: Massive Trade Secret Verdict Vacated

McDermott Will & Schulte on

The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

Goldberg Segalla on

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

Hinshaw & Culbertson - Lawyers for the...

Marijuana Company's Legal Malpractice Claim Goes Up in Smoke

Hinshaw & Culbertson - Lawyers for the... on

An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more

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