News & Analysis as of

Qui Tam Appeals First-to-File

Bass, Berry & Sims PLC

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

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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

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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

Dorsey & Whitney LLP

$34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another

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Earlier this month, the U.S. Court of Appeals for the First Circuit overturned its own precedent to hold the FCA’s first-to-file rule is “non-jurisdictional.” In so doing, the First Circuit flipped the district court’s award...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

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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

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

Dorsey & Whitney LLP

Ninth Circuit Unanimously Overrules Long-Standing “Original Source” Precedent; Makes it Easier to Qualify as an Original Source...

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For 23 years, the Ninth Circuit required that a relator establish three elements to qualify as an “original source” under the False Claims Act: (1) the relator must have direct and independent knowledge of the information on...more

Sheppard Mullin Richter & Hampton LLP

First Circuit Reaffirms FCA’s “First-to-File” Bar as a Broad Jurisdictional Limit

In early December 2014, the United States Court of Appeals for the First Circuit reaffirmed that circuit’s broad interpretation of the False Claims Act’s “first-to-file” bar, 31 U.S.C. § 3730(b)(5), in United States ex rel....more

Saul Ewing LLP

Court enforces False Claims Act’s first-to-file rule to bar complaint alleging details of off-label promotion scheme about which...

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In Brief - When an alleged scheme to market drugs for unapproved “off-label” uses had already been identified by an earlier complaint, a later complaint providing additional details, but alleging the same “essential...more

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