FOCUS ON DEFENSE AND AEROSPACE INDUSTRY POST-CARTER –How First to File Decision Will Affect Future Cases

January 22, 2016 3:45pm

Mark Nackman
Partner
Jenner & Block (USA)

Michael J. Bronson
Partner
Vorys, Sater, Seymour and Pease LLP (Cincinnati, OH)

  • A brief history of the first-to-file rule prior to Kellogg Brown & Root v. U.S. ex rel. Carter (“Carter”).
  • The background, issues, and holding in “Carter”
  • New obstacles and complications for FCA defendants seeking to assert the first-to-file rule following the Supreme Court’s decision in “Carter”
  • Exploration of new (or infrequently used) defenses in an era of a weakened first-to-file rule
  • Issues defendants must now consider in litigating and settling FCA cases in light of ”Carter”