Supreme Court of the United States · Official docket →
United States, ex rel. Ganesa Rosales, et al. v. Amedisys North Carolina, L.L.C., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-1418 · judgment February 14, 2025
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has filed here before, and down for a business respondent.
Question presented
I Whether, an action asserting claims under the False Claims Act, 31 U.S.C. § 3729(a)(1)(A), is a “related action” to a previously filed “pending action” and is thus properly dismissed under the First to File rule where the government has declined to intervene in either action and where Relator in the subsequently filed FCA action was not only the first to file, but the only to file an FCA action against the three named Defendants. II Whether a Motion to Dismiss under the FCA’s “First to File Rule” is properly addressed under Fed. R. Cir. P. 12 (b)(1)(subject matter jurisdiction) or under Fed. R. Civ. P. 12 (b)(6) (failure to state a claim).
Counsel of record
For petitioner
John J. Beins
Beins Goldberg LLP
For respondent
Brian Terence Kelly
Nixon Peabody LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 02 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 18 2025Brief of respondents Amedisys North Carolina, L.L.C., et al. in opposition filed.
- May 15 2025Petition for a writ of certiorari filed. (Response due June 18, 2025)