Case Study: US V. SLM

Law360, New York (November 17, 2011, 1:32 PM EST) -- On Nov. 4, 2011, the United States Court of Appeals for the District of Columbia Circuit held that under the False Claims Act's "first-to-file" rule, 31 U.S.C. § 3730(b)(5), a qui tam complaint need not meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b) to potentially bar a later-filed qui tam complaint. Under Section 3730(b)(5), when a whistleblower brings an action on behalf of the government, no other whistleblower may bring a subsequent action based on the same underlying facts.

The D.C. Circuit,...
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