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First Means First: Dismissal of Prior Related Actions No Cure For Relator’s First-to-File Defect

Client Alert | 1 min read | 08.15.17

The Fourth Circuit held in United States ex rel. Carter v. Halliburton – its third decision in this protracted litigation – that the False Claims Act’s first-to-file rule required dismissal of the relator’s action, because relator brought his case while related cases were pending even though those related cases had since been dismissed and the relator’s complaint subsequently amended.  The court explained that the statutory text of the first-to-file rule is “unambiguous” and “affords courts no flexibility to accommodate an improperly-filed action when its earlier-filed counterpart ceases to be pending.”  The court acknowledged that its holding “may raise statute of limitations problems” for some FCA relators, but noted that (1) the FCA’s objective of putting the government on notice of fraud was already met by the first-filed actions, and (2) FCA defendants also have an interest “in repose and avoiding stale claims outside the limitations period.”

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Client Alert | 8 min read | 03.05.26

Fifth Circuit Decision in Health Care Fraud Case Highlights Importance of Careful Drafting in Civil RICO Complaints

A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case....