It takes Judge Forrest only four pages to write an en banc opinion that explains that prior circuit precedent that held that the "first-to-file" rule in qui tam cases was "jurisdictional" isn't actually jurisdictional in light of intervening Supreme Court precedent. Other circuits (a minority) disagree, but there's a circuit split, and she concisely explains why the en banc court decides to go with the majority view on this issue.
By contrast, Judge Forrest also writes a concurring opinion, joined by only one other judge on the en banc court (Judge Bumatay), that takes up over triple the space -- 14 pages -- in an expansive exegesis about what does and does not count as dicta and why circuit dicta (even from an en banc court) shouldn't be binding, even if "incidental" (but not technically "necessary") to the result.
There's a lot there. Though perhaps somewhat ironic that this discourse about why dicta shouldn't be followed and is akin to an advisory opinion is contained in a nonbinding concurrence that's unnecessary and doesn't change the result.
But food for thought.
