United States ex rel. Carter v. Halliburton Co.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

At issue in this qui tam action brought under the False Claims Act (“FCA”) is whether the FCA’s first-to-file bar is triggered when an earlier-filed suit based on the same material elements of fi-aud continues on direct review before the Supreme Court. After careful consideration of the parties’ arguments and applicable *657law, the Court concludes that the fírst-to-fíle bar prohibits later-filed FCA actions while a related case awaits a decision from the Supreme Court regarding certiorari.

Currently pending is Defendants KBR, Inc., Halliburton…