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U.S. EX REL. CARTER v. HALLIBURTON CO.

No. 16-1262.

866 F.3d 199 (2017)

UNITED STATES EX REL. Benjamin CARTER, Plaintiff-Appellant, v. HALLIBURTON CO.; Kellogg Brown & Root Services, Inc.; Service Employees International Inc.; KBR, Inc., Defendants-Appellees. Chamber of Commerce of the United States of America, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2017.

Attorney(s) appearing for the Case

ARGUED: David Smart Stone, STONE & MAGNANINI LLP, Berkeley Heights, New Jersey, for Appellant. John Patrick Elwood, VINSON & ELKINS LLP, Washington, D.C., for Appellees. ON BRIEF: David Ludwig, DUNLAP, BENNETT & LUDWIG, PLLC, Leesburg, Virginia; Robert A. Magnanini, STONE & MAGNANINI LLP, Berkeley Heights, New Jersey, for Appellant. Craig D. Margolis, Jeremy C. Marwell, Tirzah S. Lollar, Ralph C. Mayrell, VINSON & ELKINS LLP, Washington, D.C., for Appellees. Kate Comerford Todd, Steven P. Lehotsky, U.S. CHAMBER LITIGATION CENTER, Washington, D.C.; Jonathan S. Franklin, Mark Emery, NORTON ROSE FULBRIGHT US LLP, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge Floyd wrote the opinion, in which Judge Agee and Judge Wynn joined. Judge Wynn wrote a separate concurring opinion.

The False Claims Act (FCA) empowers private individuals acting on behalf of the government to bring civil actions against those that defraud the government. The FCA contains a provision, known as the "first-to-file" rule, which bars these private individuals, known as relators, from bringing actions under the FCA while a related...

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