Memo #: 18-041
Date:       2/23/2018
Third Circuit Rules in DiFiore v. CSL Behring That Whistleblower Claiming Retaliation Under the False Claims Act Must Prove “But-For” Causation

This helpful ruling by the appeals court confirms that a whistleblower claiming unlawful retaliation for exercising rights under the FCA has a tough burden of proof. The ruling should discourage the types of frivolous claims that employers are often forced to defend against.
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