A recent holding by the Eighth Circuit Court of Appeals in United States ex rel. Cairns v. D.S. Med., LLC took a stance on the causation standard for False Claims Act (FCA) cases premised on violations of the Anti-Kickback Statute (AKS) and may provide defendants in those cases with the ability to raise a valid new defense. In this Client Alert, Greenbaum attorneys Christopher D. Adams, Rachel A. Frost and Robert B. Hille analyze the reasoning behind – and significance of – the Court’s decision. They further note that in conflicting with a previous Third Circuit holding, it is not far-fetched to imagine that such a circuit split could eventually bring this issue before the U.S. Supreme Court.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Christopher D. Adams Christopher D. Adams

Chair, Criminal Defense & Regulatory Compliance Practice Group

Mr. Adams concentrates his practice in the areas of criminal defense, internal investigations, attorney ethics matters and disciplinary proceedings, and complex commercial litigation. With a national practice that has encompassed the representation of high profile…

Chair, Criminal Defense & Regulatory Compliance Practice Group

Mr. Adams concentrates his practice in the areas of criminal defense, internal investigations, attorney ethics matters and disciplinary proceedings, and complex commercial litigation. With a national practice that has encompassed the representation of high profile individuals, Mr. Adams has served as counsel to professional athletes, elected officials and candidates for public office, political campaigns, and numerous public and private business entities.

In the healthcare sector, Mr. Adams has successfully defended physicians charged with crimes in federal and state court, as well as in front of the Board of Medical Examiners (BME). He has negotiated the relicensure of physicians whose licenses were revoked by the BME and assisted in the development of re-entry plans in conjunction with the BME and the Office of the Attorney General. In addition, he has defended physicians in Medicare debarment proceedings and negotiated their re-entry into the Medicare program.

With a demonstrated track record of success in taking on difficult matters, Mr. Adams has tried cases in state and federal courts throughout the country. His experience includes appearances before the U.S. District Courts for the District of New Jersey, Northern District of California, Middle District of Florida, Northern District of Illinois, District of South Dakota, and the U.S. Court of Appeals for the Third Circuit. He has argued significant matters before the New Jersey Supreme Court and Appellate Division, and before other state courts including those in Florida and Alabama.

Contact information:

cadams@greenbaumlaw.com | 732.476.2692 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

Photo of Rachel A. Frost Rachel A. Frost

Associate, Litigation and Healthcare Departments

Ms. Frost concentrates her practice in the areas of commercial and healthcare litigation, criminal defense, internal investigations, and regulatory compliance. She assists in the representation of numerous public and private business entities, private individuals, elected officials and candidates…

Associate, Litigation and Healthcare Departments

Ms. Frost concentrates her practice in the areas of commercial and healthcare litigation, criminal defense, internal investigations, and regulatory compliance. She assists in the representation of numerous public and private business entities, private individuals, elected officials and candidates for public office. Ms. Frost’s experience includes drafting discovery requests and responses, various pre-trial motions, briefs and other legal documents, researching complex legal issues, and attending depositions and pre-trial conferences.

Ms. Frost has prior experience in the practice areas of real estate and corporate transactions, redevelopment and land use, financial development and economic incentives, and related litigation.

Contact information:

rfrost@greenbaumlaw.com | 732.476.2470 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

Photo of Robert B. Hille Robert B. Hille

Partner, Healthcare and Litigation Departments

Mr. Hille focuses his practice in litigation, with a particular emphasis on trial advocacy. His areas of concentration include insurance, healthcare law, professional liability and ethics, and white-collar criminal matters, including those related to professional ethics. Mr. Hille…

Partner, Healthcare and Litigation Departments

Mr. Hille focuses his practice in litigation, with a particular emphasis on trial advocacy. His areas of concentration include insurance, healthcare law, professional liability and ethics, and white-collar criminal matters, including those related to professional ethics. Mr. Hille has extensive trial expertise that encompasses insurance defense and coverage cases, healthcare disputes, professional liability defense, fraud and abuse, and regulatory issues.

Mr. Hille’s white-collar experience includes involvement in both state and federal investigations, including those related to healthcare fraud and abuse and the taking of fraudulent payments from government entities. He also represents legal professionals in District Ethics Committee (DEC) and Office of Attorney Ethics (OAE) investigations and prosecutions, including matters before the Disciplinary Review Board (DRB) and New Jersey Supreme Court. In that regard, Mr. Hille has represented clients in matters ranging from dismissal or diversion to disbarment.

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, Mr. Hille has served as an amicus representative for professional and business associations on a number of matters before the Supreme Court. He has published and lectured widely in his areas of concentration.

Contact information:

rhille@greenbaumlaw.com | 973.577.1808 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.