Civil Procedure – The False Claims Act: Whether the First-to-File Rule Contains a Jurisdictional Limitation – Stein v. Kaiser Foundation Health Plan, Inc., 115 F.4th 1244 )(9th Cir. 2024)

Authored by Sarah K. Brown

Abstract

This article explores the Ninth Circuit’s recent ruling in Stein v. Kaiser Foundation Health Plan, Inc. In its decision, the Ninth Circuit aligned with five of its sister circuits, affirming that the False Claims Act’s first-to-file rule is non-jurisdictional. The article delves into the effects of this interpretation, highlighting the key differences between treating the rule as jurisdictional versus non-jurisdictional, especially in terms of the allocation of burdens in motions to dismiss. Additionally, the article addresses the ongoing circuit split and examines the minority perspective currently held by some circuits.