Frier Levitt attorneys Matthew Modafferi and Terence Park published an article in Law360 titled, “Skirting Anti-Kickback Causation Standard Amid Circuit Split.”
The article explores an emerging split among federal appellate courts regarding the causation standard applied to False Claims Act (FCA) suits based on Anti-Kickback Statute (AKS) violations. The U.S. Court of Appeals for the First Circuit’s decision to hear an interlocutory appeal in U.S. v. Regeneron Pharmaceuticals Inc. adds to the existing split observed in the Third, Sixth, and Eighth Circuits.
In this article, Matthew and Terence discuss the Regeneron case, the current circuit split, and potential arguments and theories that the government and relators may have to avoid motions to dismiss based on the but-for causation standard.
They highlight the significance of the circuit split in shaping the landscape of FCA litigation and emphasizes the importance for attorneys to carefully assess the causation standard applicable in their jurisdictions when handling AKS-based FCA claims.
Read the full article here: https://www.frierlevitt.com/wp-content/uploads/2024/02/Skirting-Anti-Kickback-Causation-Standard-Amid-Circuit-Split-Law360.pdf
Or visit Law360’s website: https://www.law360.com/articles/1795495
