Fourth Circuit Affirms First-to-File Rule Bars Complaint Even After Earlier-Filed Actions Dismissed; United States Court of Appeals for the Fourth Circuit No. No. 16-1262, United States ex rel. Benjamin Carter v. Halliburton Co.

In its third consideration of a qui tam case filed against KBR, the Fourth Circuit affirmed that the first-to-file rule requires the dismissal of an action brought while related cases are pending, even if those earlier-filed actions have been dismissed and without regard to whether the relator’s ability to refile claims will be affected by the statute of limitations.