$ 83. Harris , 724 F.3d at 479 ; see also Burn Pit Litig. Notably, KBR's petition never questioned this Court's holding that the first-to-file analysis depends on the set of facts in existence at the time an FCA action is filed. This favors rejecting the Ninth and D.C. Because the record supports federal jurisdiction, remand is denied. 28 U.S.C. 2510, 101 L.Ed.2d 442 (1988), to determine whether a Federal Tort Claims Act exception preempts state law. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. We held that Carter did not properly preserve the issue of equitable tolling, and so we summarily affirmed the district court's refusal to equitably toll the statute of limitations. Mar. Rather than address any matters potentially relevant to the first-to-file rule, such as the dismissals of the Maryland and Texas Actions, the proposed amendment simply adds detail to Carter's damages theories.6 As such, we see no reason why that proposal would have cured the first-to-file defect in the Carter Action. WebService Employees International Inc. (SEII) did a fantastic job in moving people around in Iraq, where I was contracted to work. Fisher , 703 F. Supp. The Third, Fourth, and D.C. I work in Iraq for KBR and am paid by Service Employees Int"l in Dubai, UAE. "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." Our reading respects the statutory text underlying the first-to-file rule. See Rigsby, 137 S. Ct. 436. In ordinary parlance, one bring[s] an action by institut[ing] legal proceedings. Bring an Action, Black's Law Dictionary 231 (10th ed. The Ninth Circuit and D.C. 1955 ). Wood v. Allergan, Inc., No. In particular, the majority opinion finds that the district court did not reversibly err in denying Relator leave to amend solely on grounds that his proposed amendment did not address any matters potentially relevant to the first-to-file rule, such as the dismissals of the [earlier-filed, related actions]. Ante at 20. 3730(b)(5). State tort law interferes with this purpose when the military exercised some level of control over the contractor's allegedly tortious actions, but not when "the federal government has little or no control over a contractor's conduct." We then addressed the first-to-file rule. 2013) ; Aiello v. Kellogg, Brown & Root Servs., Inc. , 751 F. Supp.
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