Ninth Circuit Sits En Banc to “Tidy Up the Law” on the False Claims Act’s First-to-File Rule

In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the First-to-File Rule is not jurisdictional.  In doing so, the en banc court overruled circuit precedent and brought the Ninth Circuit in line with several other circuits.

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