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