United States First Circuit

Dismissal of a qui tam action under the False Claims Act (FCA) alleging defendants engaged in a kickback scheme to promote the sale and use of their cardiac rhythm management devices is affirmed, where: 1) an earlier-filed complaint barred consideration of plaintiff's complaint under the first-to-file rule of the FCA; and 2) section 3730(b)(5) of the FCA does not require the first-filed complaint to meet the heightened pleading standards of Federal Rule of Civil Procedure Rule 9(b) to bar a later-filed complaint.

Appellate Information

• Decided 05/31/2013
• Published 05/31/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel