U.S. Supreme Court Declines Review of Case on Liability for Causing False Claims

In each of the last five years, the U.S. Supreme Court has released opinions dissecting the False Claims Act. Given this track record, many experts were surprised when the Court refused to hear a case discussing the interplay between the federal Anti-kickback Act and the federal False Claims Act. Nolan Auerbach partner Jeb White explained to BNA, “Upon close inspection, the Supreme Court realized that the so-called circuit split had really been conjured up by the petitioners.” According to Mr. White, “the Supreme Court cemented the First Circuit’s holding that entities that pay kickbacks are liable under the False Claims Act for the resulting false claims.” His analysis was widely parroted by other healthcare law experts.

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