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

Law360, New York (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...
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