United States Ninth Circuit

Section 3730(b)(5) of the False Claims Act establishes an exception-free, first-to-file bar and preempts subsequent actions based on the same facts that were alleged in a prior pending complaint even if the prior complaint is eventually dismissed.

Appellate Information

• Argued 02/07/2001
• Decided 03/22/2001
• Published 03/22/2001

Judges

• SILVERMAN, Circuit Judge:, Before:  LEAVY, TROTT, and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel I. Davidson,Spiegel & McDiarmid, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Mark R. Troy, James J. Gallagher, Michael R. Rizzo and Kevin J. Slattum, McKenna & Cuneo, L.L.P., Los Angeles, California, for the defendant-appellee.