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In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.
Civil Procedure | Government Contracts | Health Law and Policy | Law
Beachboard, Nicole, "Prioritizing Patients or Impropriety?: Why the 8th Circuit’s Cairns Decision sets a Dangerous Precedent Jeopardizing Patient Protection and Government Investment in Federal Programs" (2023). SLU Law Journal Online. 117.