Faegre Drinker Team Secures Favorable Ruling for Regeneron in Kickback Case

A Faegre Drinker litigation team led by partner Richard Scheff received a favorable ruling for client biotechnology company Regeneron Pharmaceuticals in a False Claims Act (FCA) kickback theory case. U.S. District Chief Judge of the District of Massachusetts F. Dennis Saylor IV ruled that the federal government must prove that alleged kickbacks by Regeneron related to its drug Eylea had a direct connection to false claims. The noteworthy ruling addresses an issue that has prompted a significant circuit split.

Judge Saylor said the government must show at trial that any alleged kickbacks by Regeneron were the "but-for" cause of subsequent false claims, a standard regarding a contested issue of FCA law previously adopted by the Sixth and Eighth circuits.

The team led by Scheff also included partners Carrie Love, Katharine Ladd and Alec Harris.

See Law360’s coverage of the case and verdict for more details.