US ex rel Cestra v Cephalon

Case No. 14-01842 (E.D.Penn. Oct. 9, 2014)

In considering a first-to-file challenge to jurisdiction, the court compared the other relator’s complaint to the instant relator’s initial complaint, not his subsequently amended complaint, as the original complaint offers the facts at the time the second action was brought. The court dismissed the latter complaint for lack of jurisdiction, finding that, while it did allege a separate cause of action, it was based upon the same underlying facts.