Bar Exam Toolbox Podcast Episode 260: Listen and Learn -- Elements of a Crime
Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation
Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Violations of the federal Anti-Kickback Statute (the “AKS”) have long served as a basis for liability under the federal False Claims Act (the “FCA”). Recently, however, there has been increasing uncertainty regarding how far...more
In recent years, a circuit split among the United States Courts of Appeals has emerged over how courts have interpreted the False Claims Act’s (“FCA”) causation element in cases where a violation of the Anti-Kickback Statute...more
The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more
In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more
The U.S. District Court for the District of Massachusetts recently weighed in on the burgeoning court split in False Claims Act (FCA) cases, adopting an approach that puts a higher burden on the government to prove Medicare...more
On March 28, 2023, the U.S. Court of Appeals for the Sixth Circuit issued a decision in U.S. ex rel. Martin v. Hathaway limiting the scope of liability under the Anti-Kickback Statute (AKS) and the False Claims Act (FCA) in...more
In an important decision limiting the reach of the Federal Anti-Kickback Statute (42 U.S.C. 1320a-7b(b)) (“AKS”) and its application to violations of the False Claims Act (31 U.S.C. 3729, et seq.) (“FCA”), the U.S. Court of...more
The emerging circuit split on the causation standard used to identify claims “resulting from” violations of the Anti-Kickback Statute (AKS) for purposes of the False Claims Act (FCA) raises proof problems for relators and the...more
What You Need to Know- •A holding by the Eighth Circuit Court of Appeals in recent months took a stance on the causation standard for False Claims Act cases premised on violations of the Anti-Kickback Statute. •The Court’s...more
Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more
Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more
Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more
On March 23, 2020, the U.S. Supreme Court decided Comcast Corporation v. National Association of African American-Owned Media, No. 18-1171, holding that the but-for causation standard applies to claims of racial...more
In a recent opinion, the Seventh Circuit joined its sister circuits in holding that under the FCA, a defendant’s conduct must proximately cause injury to the government in order to incur liability for that injury. United...more
In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more
On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more
In another big win for employers today, the Supreme Court ruled that Title VII retaliation cases must be proved by a “but for” standard of proof, not a lower standard that had been used in various courts before....more