The Examiner2d
Bob Buckley: Cause and effect — did the Supreme Court get it wrong?
Causation in the law has been a difficult concept for many, including lawyers and judges, to grasp. In law school we learned ...
Supreme Court Should Resolve False Claims Act Causation Question
Attorney Stuart Silverman says the First Circuit’s widening the divide on the False Claims Act’s causation standard adds to ...
JD Supra4d
First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard
The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised ...
National Law Review11d
First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute
On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in ...
JD Supra25d
False Claim Act Liability Under Anti-Kickback Statute Requires But-For Causation: First Circuit Narrows Liability in Growing Circuit Split
1320a-7b(b)(1). The government’s favored position requires a lesser showing than but-for causation. The Third Circuit was the first to weigh in on this debate when it endorsed this view in ...