The Growing Circuit Split Over FCA First-To-File Rule

Law360, New York (August 4, 2017, 11:30 AM EDT) -- A circuit split is developing on an important issue of False Claims Act interpretation, and it could have significant consequences for defendants. The FCA qui tam provision vests significant power in the hands of private individuals, but also limits that power in a few important ways. One of those limitations is the first-to-file rule, which bars private individuals from bringing copycat suits based on the same facts as an already-pending FCA action. Courts have long considered this bar jurisdictional. Recently, however, the D.C. Circuit and the Second Circuit have broken with their sister circuits and treated the first-to-file requirement as merely...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!