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

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

EDNY False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants

EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson Corp., ruling on first-to-file, Rule 9(b), and statute of limitations issues....more

Second Circuit Answers First-To-File Question: Amended Complaint Cannot Save Later-Filed FCA Action

In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of an action or whether it can be cured by the...more

Second Circuit Accepts Appeal of False Claims Act First-To-File Issues

The Second Circuit recently agreed to accept an interlocutory appeal to decide the question whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of the complaint or whether it can be cured by...more

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