Marchand & Rossi, L.L.P. v. White

Issues: (1) Whether the fundamental utility of the False Claims Act — to incentivize private citizen investigation and prosecution of fraud against the United States — is jeopardized by precedent that allows dismissal of “second-filed” suits even in the absence of evidence that parallel schemes would have been discovered but for the second-filed suits; and (2) whether divergent standards of review utilized by circuits to evaluate first-to-file challenges contributes to lower courts’ failures to allow independently viable FCA claims to proceed on the merits; (3) whether in the absence of congressional intent, the FCA in any event can displace parallel state-law whistleblower remedies.