Earlier Complaint Fails 9(b), But Bars FCA Suit
Client Alert | 1 min read | 11.08.11
Addressing a question of first impression for it, the D.C. Circuit in U.S. ex rel Batiste v. SLM Corp. held that the FCA’s “first-to-file” rule deprives the district courts of subject matter jurisdiction when a complaint filed earlier alleges “the same material elements of a fraudulent scheme,” even if the earlier complaint did not meet the heightened standard of Rule 9(b). In so holding, the D.C. Circuit disagreed with the Sixth Circuit in Walburn v. Lockheed Martin Corp., noting that nothing in the FCA incorporates Rule 9(b)’s particularity requirement into the first-to-file rule and that the earlier complaint was sufficient to allow the government to investigate the fraudulent scheme.
Insights
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
In recent years, there has been a wave of new legislation impacting contracts and contractual terms. The Belgian legislator is gradually adopting the different Books of the Belgian Civil Code, and the Belgian Code of Economic Law has been updated several times. These changes affect the way contract terms need to be drafted, not only between companies but also with consumers.
Client Alert | 3 min read | 10.17.25
California Enacts New Requirements and Restrictions for Health Care Transactions
Client Alert | 3 min read | 10.15.25
Client Alert | 10 min read | 10.15.25
