The United States Court of Appeals for the First Circuit issued a pivotal ruling earlier this week, finding that in order to establish falsity in a False Claims Act (“FCA”) case premised on Anti-Kickback Statute (“AKS”) liability, the kickback must have been the “but-for” cause of the submission of the claim. The court’s decision hinged
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Stringent Requirements for Pleading Fraud Under Rule 9(b).
General Allegations Without Representative Examples Are Insufficient to Survive a Motion to Dismiss
The Anatomy of a Failed Qui Tam Case: Lessons from U.S v. Radiation Therapy Services
Future Promises of Compliance with Federal Laws Cannot Form the Basis of a False Claims Act Violation
How much (information) is too much? Caselaw shines a light on avoiding privilege waiver.
Significant Implications for FCA Defendants: Second Circuit Clarifies “Willfulness” in McKesson Decision
Monumental Reduction in FCA Damages Based on Excessive Fines Clause
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