News & Analysis as of

Statute of Limitations Fraud False Claims Act (FCA)

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Bass, Berry & Sims PLC

False Claims Act Fundamentals: Statute of Limitations

Previous False Claims Act (FCA) Fundamentals posts have focused on the primary elements of an FCA claim, including falsity, materiality, scienter, and damages. But even if a claim meets all of the requisite elements for a...more

Freeman Law

Qui Tam Lawsuits

Freeman Law on

The federal False Claims Act is intended to protect the government from fraudulent claims against federal programs. The federal government utilizes the False Claims Act to prosecute attempts to commit fraud against the...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

Dorsey & Whitney LLP

False Claims Act: New Developments for an Old Law

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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

Arnall Golden Gregory LLP

Eleventh Circuit Sets Up Circuit Split on False Claims Act Statute of Limitations Issues

When a qui tam relator files a lawsuit alleging violations of the federal False Claims Act (FCA), the statute imposes one of two potential deadlines. Specifically, the FCA’s statute of limitations provisions require that a...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

Sheppard Mullin Richter & Hampton LLP

SCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False Claims Act; “First-to-File” Doctrine Does Not Bar...

In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of limitations for war-related...more

King & Spalding

Supreme Court Hears Argument On Two Procedural Issues In False Claims Act Litigation

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On January 13, 2015, the United States Supreme Court heard oral argument in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a False Claims Act (FCA) qui tam case involving allegations of fraudulent billing...more

Dechert LLP

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

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When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

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