Last week the en banc court rejected a petition in United States ex rel. Martin v. Hathaway, 63 F.4th 1043, 1054 (6th Cir. 2023), a False Claims Act case in which an ophthalmologist and a hospital had an informal agreement to refer patients to each other. Chief Judge Sutton's opinion rejected the argument that the referral arrangement violated the False Claims Act, holding that the statute's definition of "remuneration" requires "payments and other transfers of value" rather than just "any act that may be valuable to another." The opinion also rejected the claim on the basis that the Act requires "but-for" causation, rejecting...
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The Sixth Circuit Rejects En Banc Review Regarding Remuneration And Causation Under The False Claims Act
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