Can multiple whistleblowers file separate cases?
No. The “first to file” provision in the False Claims Act prohibits this from being a successful strategy. If several relators want to group together and file a single case, they can do so. If they file separate cases about the same facts, only the one considered to be filed first will be able to proceed. Unlike in other cases, where another plaintiff might be able to “invervene” in an existing case, only the Government can intervene in a qui tam action or bring a related action.
