Second, Gadbois is factually distinguishable. 5. (Id. Med. You will be notified when it is ready. Carter v. Halliburton Co. (the Carter Action), No. That text does not purport to restrict the continuation of an FCA action while a related action is pending; rather, it restricts the bring[ing] of an FCA action while a related action is pending. Lee H. Rosenthal, Chief United States District Judge. FED. See McBurney v. Young, 667 F.3d 454, 465 (4th Cir. Harris , 724 F.3d at 481. The third prong is also met. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 197879; rather, the rule only keeps later actions out of court if their earlier-filed counterparts are pending, which the Court defined to mean [r]emaining undecided, id. KBR submitted a declaration by Michael Flanagan, the Vice President of Government Solutions at KBR, stating that the U.S. Army had "awarded" the LOGCAP IV contract to KBR. Without more, the court cannot conclude, as a Therefore, Carter's proposed amendment was properly denied.7. The Defense Base Act "includes a provision making an employer's liability under the workers compensation scheme exclusive." The Supreme Court acknowledged, however, that Carter had raised additional arguments that, if successful, could render at least one claim of his timely on remand. Other courts have found this too broad. 28 U.S.C. The plaintiffs claims are associated with acts taken under color of federal office. Having concluded that the above-described decision was correct, we cannot agree with Carter's argument. FED. Finally, we note that KBR is not without policy arguments of its own. (citation omitted). at 44243 (citing 31 U.S.C. 1955, 167 L.Ed.2d 929 (2007). Courts have had little trouble concluding that the federal government has a unique federal interest in "the management of wars." Fisher , 703 F. Supp. WebInc. Burn Pit Litig. 2009). ; and Service Employees International, Inc. (collectively, KBR), are a group of defense contractors and related entities that provided logistical services to the United States Relator's proposed amendment, however, did not reference, in any way, the first-to-file bar or the dismissal of the two earlier-filed, related actions. Fisher , 667 F.3d at 613. The Supreme Court granted certiorari, and then affirmed in part and reversed in part this Court's decision. Carter's appeal centered on first-to-file issues, as well as the possibility that the WSLA tolled the statute of limitations on his claims. United Bus. Office of Inspector General - General Audits, Office of Inspector General - Investigations, Office of Inspector General - Ongoing Reviews, Office of Inspector General - Peer Review, 1947 Taft-Hartley Passage and NLRB Structural Changes, Impact of the NLRB on Professional Sports, Federal Employee and Applicant EEO Policies, The Standard for Determining Joint-Employer Status, Voter List and Military Ballots Notice of Proposed Rulemaking, National Labor Relations Board Rulemaking, National Labor Relations Board Rulemaking Archive, Retaliation Based on Exercise of Workplace Rights Is Unlawful, Advice Memoranda Dealing with Handbook Rules post-Boeing, Advice Memoranda and Emails Dealing with COVID-19, Appellate Court Briefs and Petitions filed by the General Counsel, Contempt, Compliance, and Special Litigation Branch Briefs, Information on Decisions Issued by January 4, 2012 Board Member Appointees, Injunction Litigation Branch Appellate Briefs, Petitions for Review & Applications for Enforcement, Interagency & International Collaboration, Unfair Labor Practice and Representation Cases Filed per Fiscal Year, Disposition of Unfair Labor Practice Cases, Unfair Labor Practice Cases by Filing Party per Fiscal Year, Unfair Labor Practice Charges Filed Each Year, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Plan for Retrospective Analysis of Existing Rules, 8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline).
