Federal Courts Continue to Grapple with Causation in Anti-Kickback-Based False Claims Act Cases

Lexology November 29, 2023
Squire Patton Boggs

Courts around the country continue to disagree on the causation standard to be applied in False Claims Act cases based on alleged Anti-Kickback Statute violations. Two recent federal district court decisions out of the District of Massachusetts add to differing conclusions on what the causation standard should be, i.e., “but-for,” “exposure,” or some other, less demanding standard. In United States v. Regeneron Pharms., Inc., No. 20-11217-FDS, 2023 WL 7016900 (D. Mass. Oct. 25, 2023), the district court adopted the Sixth and Eighth Circuits’ “but for” causation standard. See United States ex rel. Martin v. Hathaway, 63 F.4th 1043 (6th Cir. 2023), and United States ex rel. Cairns v. D.S. Med. LLC, 42 F.4th 828 (8th Cir. 2022). In United States...

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