Third Circuit False Claims Act Retaliation Decision May Spur an Increase in NDAA Retaliation Claims
Earlier this month, the Third Circuit affirmed the dismissal of a False Claims Act retaliation claim, holding that FCA retaliation claims require a showing of “but for” causation, i.e., proving that protected whistleblowing was the “but-for” cause of the adverse action. Setting aside whether “but for” is the correct causation standard, the decision in DiFiore v. CSL Behring LLC warrants FCA whistleblowers to consider also bringing NDAA whistleblower retaliation claims to avail themselves of the “contributing factor” causation standard.
