Ferguson v. Lockheed Martin
Split Score
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Case Summary
Disposition
Reversed
The Fifth Circuit held that the False Claims Act’s first-to-file bar did not deprive the district court of jurisdiction over relator Maria Gamboa Ferguson’s qui tam suit alleging a separate fraud scheme by Lockheed Martin. Concluding that Ferguson alleged a different fraudulent mechanism than a prior relator, the court reversed the district court’s dismissal for lack of subject-matter jurisdiction and remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether the False Claims Act’s first-to-file bar in 31 U.S.C. § 3730(b)(5) is jurisdictional.
Circuit Positions
First-to-file rule is jurisdictional and limits subject-matter jurisdiction.
First-to-file rule is non-jurisdictional (claim-processing rule).
Conflict Summary
Several circuits treat the first-to-file bar as a non-jurisdictional claim-processing rule, while others—including the Fifth Circuit in this opinion—continue to regard the bar as a jurisdictional limitation that deprives courts of subject-matter jurisdiction when triggered.