False Claims Act Whistleblower Lawyer Quoted About First-to-File Cases

Leading whistleblower lawyer Jason Zuckerman shared his analysis of False Claims Act developments with Bloomberg Government Federal Contracts Report.  An article titled “Two Rulings Force Whistle-Blowers To Wait, Maybe Too Long” quotes Zuckerman about the impact of two recent decisions construing the False Claims Act first-to-file bar, the DC Circuit’s opinion in Shea v. Cellco P’ship, 863 F.3d 923 (D.C. Cir. 2017) and the Fourth Circuit’s opinion in US ex rel. Carter v. Halliburton Co., No. 16-1262 (4th Cir. 2017).

Both cases held that the first-to-file bar blocks a second-filed case even where the first-filed case has been dismissed.  In the article, Zuckerman predicts that this interpretation of the first-to-file bar “could undermine efforts encouraging whistle-blowers to report fraud the government would not detect on its own,” and observes that “Shea is a harsh rule.”  In addition, Zuckerman commented that “the government will be less likely to detect certain fraud schemes if courts adopt the D.C. Circuit’s rationale.”

The experienced whistleblower attorneys at leading whistleblower law firm Zuckerman Law have substantial experience representing whistleblowers disclosing fraud and other wrongdoing at government contractors and grantees.  To schedule a free preliminary consultation, click here or call us at 202-262-8959.

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In addition, we have substantial experience representing whistleblowers under the Whistleblower Protection Act (WPA) and enforcing the WPA, the law that the NDAA whistleblower provisions are based upon.  Two of the attorneys on our team served in senior positions at the U.S. Office of Special Counsel overseeing investigations of whistleblower retaliation claims and whistleblower disclosures.

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