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D.C. Circuit reaffirms limitations on second-to-file qui tam lawsuits - a complaint that gives the government "grounds to investigate" is sufficient to trigger the first-to-file bar

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 9 2011

On November 4, 2011, the United States Court of Appeals for the District of Columbia Circuit held that under the False Claims Act's (FCA'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

Case study: US v. SLM

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 17 2011

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