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...

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