United States v. Cellco Partnership, et al.

Relator filed a qui tam complaint against Verizon under the False Claims Act, 31 U.S.C. 3730(b)(5). On appeal, relator challenged the district court's dismissal of his qui tam complaint for lack of subject matter jurisdiction under Rule 12(b)(1). The court held that the complaint sufficiently related to relator's earlier action, that the first-to-file bar applied to relator even though he brought the first action, and that the bar remained in effect even after the first action was no longer pending. Accordingly, the court affirmed the judgment of the district court. View "United States v. Cellco Partnership, et al." on Justia Law