The TAF Education Fund has filed an amicus curiae brief in the case of Kellogg Brown & Root Servs., Inc. v. U.S. ex rel. Carter. The brief supports the Respondent, relator Benjamin Carter, and argues for affirmance of the Fourth Circuit’s ruling that qui tam actions are only barred under the first-to-file rule while a prior, related qui tam suit is still pending.
Under the first-to-file bar, prior qui tam suits that are dismissed for non-meritorious reasons do not preclude subsequent relators from coming forward and pursuing FCA claims on behalf of the Government.
Oral argument in this case is scheduled for early- to mid-January. Stay tuned!