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Split of Authority First-to-File

Troutman Pepper

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

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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

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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

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• 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

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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

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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

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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

Mintz - Health Care Viewpoints

Amended FCA Complaint Cannot Cure A First-to-File Violation

The Second Circuit Court of Appeals recently held that a False Claims Act (FCA) relator could not evade the FCA’s first-to-file bar by filing an amended complaint after two earlier-filed FCA suits alleging similar conduct had...more

Akin Gump Strauss Hauer & Feld LLP

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...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

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