A recent D.C. Circuit case narrows the ability of False Claims Act plaintiffs to bring claims that are related to previously filed actions. When a person brings an action under the False Claims Act, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5). By preventing other relators from bringing similar suits, this “first-to-file rule” encourages whistleblowers to file their claims early. Most courts hold that, if the first filed case has been dismissed, it is no longer considered “pending” and another case alleging related frauds may proceed. In U.S. ex rel. Shea v. Cellco, No. 12-7133 (D.C. Cir. Apr. 11, 2014), however, the court held that a dismissed case was sufficient to bar a later-filed suit. The D.C. Circuit expressly rejected the rule adopted in the Fourth, Seventh, and Tenth Circuits, each of which holds that a case that has been dismissed is no longer “pending” for purposes of the first-to-file rule.