Manvin S. Mayell

Defendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards. Last week, in United States ex rel. Sedona Partners LLC v. Able Moving & Storage Inc., No. 22-13340 (11th Cir.

As readers of this Blog know, we have long followed the relatively recent line of circuit court decisions requiring that plaintiffs show that an alleged kickback was a but-for cause of an allegedly false claim. We most recently covered a First Circuit decision, where the First Circuit adopted the but-for causation standard.

(August 07, 2025) - Manvin S. Mayell and Megan Pieper with Arnold & Porter discuss a recent appellate court decision applying a but-for causation standard in an Anti-Kickback Statute case. As readers of this Blog know, we have long followed (https://bit.ly/479hh2S) the relatively recent line of circuit court decisions requiring that plaintiffs show that an alleged kickback was a but-for cause of an allegedly false claim.