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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