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Expert Analysis

1st Circ. Set To Weigh In On FCA First-To-File Rule

Law360, New York (December 4, 2012, 12:42 PM EST) -- Early next year, the United States Court of Appeals for the First Circuit will likely issue a significant False Claims Act ruling in United States ex rel. Heineman-Guta v. Guidant Corp. The Guidant court will become the latest federal appeals court to determine whether a previously filed, but legally insufficient, FCA complaint satisfies the "first-to-file rule." Regardless of how the Guidant court rules, but especially if it reverses the district court, its decision will only deepen an existing circuit split, and will increase the odds of the U.S. Supreme Court ultimately resolving this issue....

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