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 | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim.
Client Alert | 3 min read | 03.02.26
Client Alert | 4 min read | 03.02.26
Client Alert | 3 min read | 02.27.26

