Can a relator’s complaint be amended to include relators not named in the original pleading? Increasingly, federal courts have answered “no”—and the Ninth Circuit’s decision last month in United States ex rel. Volkhoff v. Janssen Pharmaceuticals, 945 F.3d 1237, is consistent with this trend. The district court in Volkhoff dismissed an amended complaint under the False Claims Act’s “first-to-file” bar because the sole relator named in the amendment was not listed in the initial complaint. The Ninth Circuit then dismissed the appeal of that dismissal for lack of appellate jurisdiction. But in so doing, the Ninth Circuit favorably cited the lower court’s conclusion that the first-to-file bar prohibits new relators from jumping into existing FCA cases. Id. at 1240.
Regulations, Compliance, & Enforcement
Trending Now
Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts • OMB Plans to Make IT Contract Data Collection Public, Per Federal CIO • The DOJ Wants Strong FCA Whistleblower Lawsuits From Data Miners • US Investors Earn to Ukrainian Defense Startups—But Export Laws Slow Cooperation • Virginia Expands Restrictions on Employee Non-Compete Agreements
Would-Be Relator Has Trouble With Standing in Game of False Claims Act Musical Chairs
chattanongzen | Shutterstock
Track False Claims Act cases, audit trends, and compliance best practices with our Compliance & Enforcement newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.