The Ninth Circuit just brought “some discipline . . . to the sometimes loose” use of jurisdiction in the context of the False Claims Act.  In Stein v. Kaiser Foundation Health Plan, Inc., the court concluded that a bar for whistleblowers—the “first to file bar”—is merely procedural, not jurisdictional.  This decision involved overruling circuit precedent, but according to the passionate concurrence of Judge Forrest, these past decisions should never have been treated as precedent in the first place.