Law Firm Appeals FCA First-To-File Bar Holding To U.S. Supreme Court

Mealey's (November 5, 2021, 8:19 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court should grant review of a Fifth Circuit U.S. Court of Appeals’ ruling affirming a federal district court’s dismissal of relator claims and its denial of attorney fees and costs for the relators’ counsel as barred by the False Claims Act’s (FCA) first-to-file bar because the claims made in the underlying action were not based on the same set of facts forming the basis of a related qui tam action filed against the defendants, an attorney and his law firm argue in an Oct. 16 petition for a writ of certiorari....