First Circuit Clarifies FCA Liability Standard for AKS Violations, Deepening Circuit Split

Summary

The article outlines a First Circuit decision in *United States v. Regeneron Pharmaceuticals, Inc.* involving False Claims Act liability tied to Anti-Kickback Statute violations. It emphasizes AMD drug Eylea, linking but-for causation to claims as crucial, deepening a circuit split on the standard. This heightens the likelihood of Supreme Court intervention.