October 16, 2017

16 October 2017

Tenth Circuit Bars Attorney’s Attempt To Step In As A Relator To Save Complaint Barred By First-to-File

Last month, in United States ex rel. Little et al. v. Triumph Gear Systems, Inc., the Tenth Circuit answered in important question about the interplay between Federal Rule of Civil Procedure 15 regarding leave to amend parties, and the FCA’s first-to-file bar.  The specific question before the court was whether the FCA’s first-to-file rule precludes a non-party from intervening in a pending qui tam action by seeking leave to amend under Rule 15.  The Tenth Circuit held that it does.  (more…)

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