Civil Procedure,
9th U.S. Circuit Court of Appeals
Oct. 1, 2024
A win for common sense as the 9th Circuit updates FCA's first-to-file rule
The 9th Circuit, following other circuits, now treats the first-to-file rule as non-jurisdictional, providing courts with more discretion and potentially reducing harsh consequences for whistleblowers.
Zachary N. Zaharoff
Senior Associate, Cotchett, Pitre & McCarthy, LLP
The False Claims Act dates back to the Civil War and allows whistleblowers ("relators") to sue private companies on behalf of the United States government to recover for fraud in connection with a government contract. These "qui tam" actions are initially filed under seal to give the government an opportunity to investigate the alleged fraud and determine whether it wants to intervene in the qui tam action, as permitted under the statute. If the gov...
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