1st Circ. Ruling Highlights Split On FCA First-To-File Bar
Law360, New York ( June 6, 2013, 12:55 PM EDT) -- On May 31, 2013, the U.S. Court of Appeals for the First Circuit joined a circuit split regarding the False Claims Act's "first-to-file bar," 31 U.S.C. § 3730(b)(5). In United States ex rel. Heineman-Guta v. Guidant Corp. (1st Cir. May 31, 2013), the court addressed an issue of first impression in the First Circuit: whether the first-to-file bar requires a first-filed compliant to meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b) in order to bar a later-filed complaint. Answering that question with a resounding "no," the First Circuit followed a prior decision from the D.C. Circuit — and rejected contrary authority from the Sixth Circuit — highlighting a circuit split that likely will require resolution by the U.S. Supreme Court....
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