Supreme Court Grants Certiorari to Resolve Circuit Split on FCA Statute of Limitations
The U.S. Supreme Court has granted a writ of certiorari1 to address a Circuit court split concerning whether False Claims Act (“FCA”) relators may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2)—a limitations period which is triggered by the government’s knowledge of the fraud—when the government does not intervene. The Supreme Court granted cert to review the U.S. Court of Appeals for the Eleventh Circuit’s decision2 in U.S. ex rel. Hunt v. Cochise Consultancy, Inc. The Eleventh Circuit reversed the Alabama district court, reviving the relator’s complaint by giving the relator the benefit of the longer limitations period in § 3731(b)(2).
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“Supreme Court Grants Certiorari to Resolve Circuit Split on FCA Statute of Limitations,” by Sara N. Gerber was published in the February 2019 edition of Pratt’s Government Contracting Law Report (Vol. 5, No. 2), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.
This article was first published in Blank Rome’s Government Contracts Navigator blog on November 26, 2018.