False Claims Act Insights - Emptying Our FCA Notebook: A Summary of Recent FCA-Related Developments
I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more
In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more
In recent years, a circuit split among the United States Courts of Appeals has emerged over how courts have interpreted the False Claims Act’s (“FCA”) causation element in cases where a violation of the Anti-Kickback Statute...more
Midwest Sanitary Service, Inc., et al. v. Sandberg, Phoenix & Von Gontard, P.C. et al., 2022 IL 127327 (Sept. 22, 2022) Brief Summary - The Illinois Supreme Court held that defendants' former client can seek to recover...more
Court of Appeals of Washington, Division One, May 9, 2022 - In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he...more
UFT Commercial Finance, LLC v. Fisher, No. 20-2012 (7th Cir., March 23, 2021) - Brief Summary - The Seventh Circuit affirmed the dismissal of a legal malpractice action filed by UFT Commercial Finance, LLC against the...more
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more
A central question in every tort case is what caused the injury. The question of proximate cause does not end with the inquiry of whether it is possible for a particular product or act to cause an injury, but also whether it...more
In a trio of recent decisions arising out of cases alleging that an antipsychotic medication, Risperdal, and its generic, risperidone, had caused gynecomastia (breast tissue growth) in men, the United States District Court...more
One commentator has called the scope of Additional Insured coverage “[o]ne of the oldest and most confounding debates in the insurance world.” Another chapter was written the other day in Pioneer Cent. Sch. Dist. v. Preferred...more
In United States v. Luce, the Seventh Circuit overturned a two-decade precedent by holding that proximate causation, and not “but for” causation, was the proper standard to employ in FCA cases. In so holding, the Seventh...more
In a recent opinion, the Seventh Circuit joined its sister circuits in holding that under the FCA, a defendant’s conduct must proximately cause injury to the government in order to incur liability for that injury. United...more
The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a...more