- Posts by Marguerite (Maggie) McGowan StringerAssociate
Clients rely on attorney Maggie Stringer to resolve their most complex and challenging legal disputes, especially when facing litigation involving sensitive employment or commercial claims impacting their businesses.
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On December 27, 2024, the U.S. Court of Appeals for the Second Circuit held in U.S. ex rel. Camburn v. Novartis Pharmaceuticals Corporation that a relator adequately pleads a False Claims Act (“FCA”) cause of action premised on violation of the Anti-Kickback Statute (“AKS”) by alleging, with sufficient particularity under Federal Rule of Civil Procedure 9(b) (“Rule 9(b)”), that at least one purpose (rather than the sole or primary purpose) of the alleged kickback scheme was to induce the purchase of federally reimbursable health care products or services.[1] In doing so, the Second Circuit joins seven other Circuit Courts—the First, Third, Fourth, Fifth, Seventh, Ninth, and Tenth Circuits—in adopting the “at least one purpose” rule. This ruling lowers the bar in the Second Circuit for relators pleading AKS-based FCA claims.
Interplay Between FCA and AKS Violations
Under the AKS, “a claim that includes items or services resulting from a violation [of the AKS] … constitutes a false or fraudulent claim” under the FCA.[2]
The AKS prohibits persons from, among other things, “knowingly and willfully” soliciting or receiving “any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—
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Recent Updates
- Massachusetts Governor Maura Healey Signs into Law a Sweeping Health Care Market Oversight Bill
- Second Circuit Adopts “At Least One Purpose” Rule for False Claims Act Cases Premised on Anti-Kickback Statute Violations
- Supreme Court of Ohio Decides on a Peer-Review Privilege Issue in Stull v. Summa
- Unpacking Averages: Exploring Data on FDA’s Breakthrough Device Program Obtained Through FOIA
- Importance of Negotiating the Letter of Intent for Health Care Leases