service employees international inc, kbr

Co., 560 F.3d 371, 378 (5th Cir 2009))). Reading the exception to cover actions against military contractors arising out of events involving U.S. military decisions and actions prevents "second-guessing [of] military judgment." Branch Consultants v. Allstate Ins. The fact that the Maryland Action had been dismissed prior to the district court's ruling on the Carter Action gave the court no pause, because it believed that whether a qui tam action is barred by [the first-to-file rule] is determined by looking at the facts as they existed when the action was brought. United States ex rel. 7. 1955 ). at 7, 11). Carter argues that even if the dismissals of the Maryland and Texas Actions did not automatically cure the Carter Action's first-to-file defect, his subsequent, Rule 15(a)-based proposed amendment to his Carter Action complaint would have done so. Finally, the court explained that neither the Wartime Suspension and Limitations Act (WSLA) nor the principle of equitable tolling could toll the statute of limitations on the Carter Action's claims. at 610. A court's lack of discretion when it comes to sanctioning first-to-file violations was underscored in a recent Supreme Court decision. Gadbois only addressed a situation where the relator sought to revise an FCA complaint with information pertaining to the related action that gave rise to the first-to-file defect. "Nor does a complaint suffice if it tenders naked assertion[s] devoid of further factual enhancement. " Iqbal , 556 U.S. at 678, 129 S.Ct. KBR KBR See Carter II, 710 F.3d at 183. In workmen's compensation statutes, the phrase "arising out of" "denote[s] any causal relationship." The district court's judgments comport with this holding, and they are therefore. Thus, we reversed the district court's holding that the claims in the Carter Action were time-barred. In the Supreme Court of the United States - oregonlive KBR's petition challenged this Court's holding in connection with the WSLA, as well as its holding that a relator could bring an FCA action after the dismissal of a related action. Total preemption might, for example, preclude claims based on "contractors contractual violations," even though "the conduct underlying these violations is [independent] of the military's battlefield conduct and decisions." Co. v. Dir. 5. , 744 F.3d at 351 ; and supplied weapons to vessels fighting in a combat area, Koohi , 976 F.2d at 133637. As such, we concluded that the Carter Action must be dismissed under the first-to-file rule, because the Maryland and Texas Actions were pending at the time the related Carter Action was brought. The plaintiffs were working under a predecessor to the LOGCAP IV contract at issue here. 56, 59 (E.D.

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