In a Law360 article on the hottest topics appellate attorneys are tracking in 2025, litigation & enforcement partner Amy Kossak discussed the potential impact of a major False Claims Act (FCA) case.
She noted that if the First Circuit follows the trend of requiring "but-for causation" in FCA cases premised on kickback allegations, it could align with the Third Circuit and widen a split with other circuits. This alignment might reduce the likelihood of Supreme Court review, given the lopsided nature of the circuit split.
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