News & Analysis as of

First-to-File False Claims Act (FCA) Supreme Court of the United States

Bass, Berry & Sims PLC

Corporate Maneuvering Leads to Thorny First-to-File Bar Issues

Bass, Berry & Sims PLC on

Two partnerships and infighting between relators recently produced a series of difficult questions addressed by the U.S. Court of Appeals for the Third Circuit in In re Plavix Mktg., Sales Practices & Prod. Liab. Litig. (No....more

Troutman Pepper

Qui Tam Action Defense Alert: Supreme Court Recognizes Extended False Claims Act Statute of Limitations For Relators

Troutman Pepper on

In an unanimous decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the U.S. Supreme Court settled a circuit split and gave qui tam relators more time to file actions alleging violations of the False Claims...more

Akerman LLP - Health Law Rx

Supreme Court Resolves Statute of Limitation Circuit Split in False Claims Act Cases

Last month, in a unanimous decision, the U.S. Supreme Court ruled that the analysis of the applicable statute of limitations under the False Claims Act (FCA) as set forth in 31 U.S.C. § 3731 is the same regardless of whether...more

Robinson+Cole Health Law Diagnosis

U.S. Supreme Court Clarifies Scope of False Claims Act Statutes of Limitations

In a unanimous decision issued on May 13, 2019, the U.S. Supreme Court sought to resolve lingering confusion over the statute of limitations under the False Claims Act (FCA) for qui tam suits in which the federal government...more

Perkins Coie

Supreme Court Clarifies Statute of Limitations in Qui Tam Suits Under the False Claims Act

Perkins Coie on

Whistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a...more

Holland & Knight LLP

False Claims Act Statute of Limitations: Relators Now Get Up to 10 Years to File Suit

Holland & Knight LLP on

• The U.S. Supreme Court's much-anticipated decision in Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt, issued on May 13, 2019, holds that whistleblowers have more time to bring their qui tam suits. • The...more

Hogan Lovells

With Cochise Decision, Supreme Court Expands Limitations Period in Declined Qui Tam Cases

Hogan Lovells on

The Supreme Court handed down its decision today in Cochise Consultancy, Inc. v. United States ex rel. Hunt, a closely-watched case about the False Claims Act’s (FCA) statute of limitations....more

Farrell Fritz, P.C.

Supreme Court Unanimously Decides Relator May Use Ten-Year Limitation Period In Declined FCA Case

Farrell Fritz, P.C. on

The Supreme Court yesterday unanimously decided that a relator may take advantage of the longer ten-year statute of limitations under the False Claims Act in a case in which the United States has declined to intervene, as...more

Bass, Berry & Sims PLC

Supreme Court Wrestles with “Terribly Drafted” FCA Statute of Limitations

On March 19, 2019, the Supreme Court heard arguments in Cochise Consultancy Inc. v. United States, ex rel. Hunt regarding how the False Claims Act’s (FCA) statute of limitations applies in qui tam actions brought by a private...more

Holland & Knight LLP

Self-Disclosure and the FCA Statute of Limitations: Cochise Consultancy, Inc. v. United States v. ex rel. Billy Joe Hunt

Holland & Knight LLP on

The United States Supreme Court heard oral arguments in the case mentioned in our prior blog post, Cochise Consultancy v. United States, ex rel. Hunt, 887 F. 3d 1081 (11th Cir. 2018). The main question before the Supreme...more

Dorsey & Whitney LLP

Supreme Court Considers Whether to Extend FCA Statute of Limitation

Dorsey & Whitney LLP on

On Tuesday, March 19, the Supreme Court considered whether to extend the FCA’s alternate 10-year statute of limitations to cases in which the government does not intervene. The case, Cochise Consultancy Inc. v. United States,...more

Dorsey & Whitney LLP

First Circuit Permits Supplementation of Complaint to Cure First-to-File Jurisdictional Defects

Dorsey & Whitney LLP on

The FCA first-to-file bar provides that if an action involving the same subject matter is already pending, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2015 Year in Review

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth...more

Dickinson Wright

Qui Tam Lawsuits and the Statute of Limitations

Dickinson Wright on

In Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 575 U.S. ___) (2015), Justice Alito stated “[t]he False Claims Act’s qui tam provisions present many interpretive challenges.” Lawyers and judges who...more

McGuireWoods LLP

Supreme Court Clarifies the First to File Bar

McGuireWoods LLP on

The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA. In essence, the first to file bar prevents a member of the public from commencing an action based...more

Dickinson Wright

Healthcare Legal News: Volume 5, Number 3

Dickinson Wright on

RESPONDING TO SUBPOENAS AND OTHER REQUESTS FOR PERSONAL HEALTH INFORMATION: TAKE THEM AT FACE VALUE - Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from...more

Morrison & Foerster LLP

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Alston & Bird

Supreme Court Decision in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

Alston & Bird on

Last Tuesday, the U.S. Supreme Court issued its opinion in Kellogg Brown & Root Services, Inc. (KBR) v. United States ex rel. Carter, resolving two questions that had previously divided lower courts interpreting the federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Looks to Socrates' Trial to Rule in Favor of Whistleblowers

On May 26, 2015, the United States Supreme Court issued a decision favoring whistleblowers in False Claims Act cases, basing its decision in part on the status of the trial of Socrates. ...more

McGuireWoods LLP

KBR v. Carter–Supreme Court Holds that the First-to-File Bar Only Applies to Pending Cases

McGuireWoods LLP on

On Wednesday the Supreme Court, in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497 (2015), held that the Wartime Suspension of Limitations Act (“WSLA”) only tolls the statute of limitations...more

Williams Mullen

Supreme Court Reins In Qui Tam FCA Limitations But Allows Revival of Cases Initially Barred Under First-To-File Rule, Kellogg...

Williams Mullen on

On May 26, 2015, the Supreme Court unanimously rejected efforts of False Claims Act (FCA) qui tam relators to use the Wartime Suspension of Limitations Act (WSLA) to extend the statute of limitations for their actions. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Decision in FCA Case Both a Win, Setback for Health Care Providers"

On May 26, 2015, the U.S. Supreme Court issued a rare unanimous decision in a False Claims Act (FCA) case that cuts both ways for the health care industry. In an opinion authored by Justice Samuel Alito, the Court held in...more

BakerHostetler

Supreme Court Decision Has Good News and Bad News for Those Facing False Claims Act Litigation

BakerHostetler on

On May 26, 2015, the Supreme Court of the United States (SCOTUS) issued an opinion in a federal False Claims Act (FCA) case that resolves two important procedural points litigants face: the tolling of the six-year statute of...more

WilmerHale

Supreme Court Strengthens False Claims Act’s Statute of Limitations, Narrows First-to-File Bar

WilmerHale on

The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2)...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide