What if someone else has already filed a False Claims Act lawsuit against the same company or individual that I want to file against?
If the Government or a private party has already filed a False Claims Act lawsuit based on the same allegations as the action you want to file, the statute bars you from bringing your lawsuit. However, if your allegations are different from those of the earlier suit, the first to file rule may not apply. Because cases are under seal, you and your attorney may not be able to determine if if a suit has already been filed addressing the fraud alleged in your complaint.
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