News & Analysis as of

Split of Authority Qui Tam

Dorsey & Whitney LLP

A New Circuit Split: FCA Protects Former Employees from Post-Employment Retaliation in the Sixth

Dorsey & Whitney LLP on

Over a vigorous dissent last week, a panel of the U.S. Court of Appeals for the Sixth Circuit vacated a ruling from the U.S. District Court for the Eastern District of Michigan and held the False Claims Act’s anti-retaliation...more

WilmerHale

False Claims Act: 2020 Year-in-Review

WilmerHale on

The Department of Justice (DOJ) announced on January 14, 2021 that it had recovered $2.2 billion in False Claims Act (FCA) settlements and judgments in its 2020 fiscal year. While that figure is down considerably from prior...more

Goodwin

DOJ Downplays Circuit Split on FCA Deference to Government Dismissals of Whistleblower Actions

Goodwin on

On Wednesday, March 4, 2020, the United States Department of Justice (DOJ) filed a brief with the United States Supreme Court asking the Court to decline review of a case concerning the government’s power to dismiss qui tam -...more

Dorsey & Whitney LLP

Granston Memo in Action: Eighth Circuit Affirms Government Dismissal of FCA Claims Related to Minnesota Bridge Collapse

Dorsey & Whitney LLP on

Just days after the twelfth anniversary of the Minnesota 35W bridge collapse, the Eighth Circuit summarily affirmed the dismissal of a False Claims Act case alleging that Minnesota government officials conspired to submit...more

Dorsey & Whitney LLP

False Claims Act: New Developments for an Old Law

Dorsey & Whitney LLP on

The past 18 months have been a (relatively) wild time for the False Claims Act - on the books since 1863. In FY2018 the Department of Justice obtained more than $2.8 billion in settlements and judgments from cases involving...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

Bradley Arant Boult Cummings LLP

Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update

Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...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

Fox Rothschild LLP

Three Circuit Split On Interpretation Of The False Claim Act’s Statute Of Limitations To Be Decided By Supreme Court

Fox Rothschild LLP on

The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War. The FCA has gone through many iterations since its enactment. Relevant here, the FCA allows a...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

Arnall Golden Gregory LLP

Supreme Court Hears Oral Arguments in False Claims Act Statute of Limitations Case

On March 19, 2019, the U.S. Supreme Court heard oral arguments in Cochise Consultancy, Inc. v. United States ex rel. Hunt, a False Claims Act (“FCA”) case in which the Court is generally expected to resolve the ongoing...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

Baker Donelson

The Aftermath of the DOJ Granston Memo

Baker Donelson on

The Director of the Civil Fraud Section of the Department of Justice (DOJ), Michael Granston, issued a memo in January 2018 noting the recent increase in qui tam lawsuits filed under the False Claims Act (FCA). The Granston...more

Bass, Berry & Sims PLC

Supreme Court Agrees to Resolve Circuit Split on FCA Statute of Limitations

Bass, Berry & Sims PLC on

On November 16, 2018, the U.S. Supreme Court granted certiorari in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt, agreeing to decide how the FCA’s statute of limitations applies in qui tam actions brought by a private...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

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Punts on False Claims Act Specificity Requirement

Last week the Supreme Court of the United States rejected a petition for a writ of certiorari in Medical Device Business Services, Inc. et al. v. United States ex rel. Nagrol et al. In this case, the petitioner asked the...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

Jones Day

False Claims Act: Circuit Court Questionably Construes Scienter Requirement

Jones Day on

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp v. Lincare Holdings, Inc., No. 16-10532, ___ F.3d ___ (11th Cir. May 26,...more

King & Spalding

U.S. Supreme Court To Decide Consequences Of Relator Violating Seal Requirement In Qui Tam Cases

King & Spalding on

Last week the United States Supreme Court granted certiorari in State Farm Fire and Casualty Co. v. USA, ex rel. Rigsby, Case No. 15-513, to resolve a circuit split regarding the consequences of a qui tam relator violating a...more

30 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