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- Third Circuit Addresses the Scope of the FCA’s First-to-File Bar
Third Circuit Addresses the Scope of the FCA’s First-to-File Bar
November 9, 2020, Covington Advisory
Under the False Claims Act’s (“FCA”) first-to-file bar, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” But can a relator amend her complaint to add, remove, or substitute relators without violating the first-to-file bar? Recently, the Third Circuit in In re Plavix answered “yes,” and concluded that the first-to-file bar does not preclude adding another relator through joinder, substitution, or an amendment. Instead, the first-to-file bar applies when a private party attempts to intervene in an FCA case under Federal Rule of Civil Procedure 24 or when a private party attempts to bring a new action on the same facts underlying the pending action.
March 3, 2020, Covington Advisory
On February 27 and 28, 2020, Joseph H. (Jody) Hunt, Assistant Attorney General for DOJ’s Civil Division, and Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, spoke about False Claims Act (“FCA”) enforcement at the Federal Bar Association’s annual Qui Tam Conference in Washington, D.C. They highlighted FCA enforcement priorities ...
November 8, 2019, AmLaw Litigation Daily
Ethan Posner, Matthew Dunn, and Christopher Denig were featured in Am Law Litigation Daily as "Litigators of the Week." The team was profiled for their complete defense win for UnitedHealth Group subsidiary Executive Health Resources in U.S. District Court for the Eastern District of Pennsylvania. Krysten Rosen Moller led the associate team and was involved in ...
A Blow To State Encroachment On Federal Turf
April 16, 2014, Law360
Ethan Posner and Christopher Denig write on the implications of the Arkansas Supreme Court overturning a $1.2 billion judgment against Janssen in the Risperdal litigation brought by the Arkansas Attorney General Dustin McDaniel alleging thousands of violations of the Arkansas Medicaid Fraud False Claims Act and Arkansas Deceptive Trade Practices Act.