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Appellate Courts › False Claims Act (FCA) › Whistleblowers

King & Spalding

First Circuit Court of Appeals Affirms Dismissal of Qui Tam Complaint Applying “But-For” Causation Standard in FCA Case Alleging...

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On June 27, 2025, the United States Court of Appeals for the First Circuit affirmed a district court’s dismissal of a qui tam complaint alleging violations of the Anti-Kickback Statute (AKS) and the federal False Claims Act...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

Arnall Golden Gregory LLP

Narrowing FCA Cases Based on Kickback Allegations: What Healthcare and Life Sciences Companies Need to Know About the Regeneron...

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On February 18, 2025, in a closely watched decision, the United States Court of Appeals for the First Circuit in United States v. Regeneron Pharmaceuticals Inc., No. 23-2086, 2025 U.S. App. LEXIS 3667 (1st Cir. Feb. 18, 2025)...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

Akerman LLP - Health Law Rx

Update: Appellate Showdown Over FCA Qui Tam Provision’s Constitutionality Reaches Eleventh Circuit

Akerman LLP - Health Law Rx on

As we anticipated in our October 17, 2024, blog, both the Government and the Relator have appealed the district court’s decision in U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, et al. (Zafirov), the first case to...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

3RD CIR. Clarifies FCA Retaliation Standard, Widens Door For Plaintiffs, Leaves Loose End

Pietragallo Gordon Alfano Bosick & Raspanti,... on

On November 30, 2022, the United States Court of Appeals for the Third Circuit revived a quality control manager’s FCA retaliation claim in United States ex rel. Ascolese v. Shoemaker Constr. Co., — F.4th —, 2022 WL 17335121...more

McDermott Will & Emery

Illinois Appellate Court Delivers Another Blow to Relator in False Claims Act Litigation

McDermott Will & Emery on

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in...more

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