DC Circ. And 4th Circ. Strengthen FCA First-To-File Bar

By John Elwood and Ralph Mayrell (August 10, 2017, 12:51 PM EDT) -- It just became much harder for relators to bring qui tam cases related to earlier False Claims Act actions. Just days apart last month, the D.C. Circuit in U.S. ex rel. Shea v. Cellco Partnership[1] and the Fourth Circuit in U.S. ex rel. Carter v. Halliburton Co.[2] ruled that the first-to-file bar requires dismissal of actions brought while an earlier-filed action was pending, even if that earlier-filed action was later dismissed. They also flatly refused to allow the relators to avoid the first-to-file bar by amending their complaints after dismissal of the earlier actions....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

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!