Supreme Court to Resolve Uncertainty over False Claims Act Limitations Period

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By Lori Pines, Adam Safwat, Nigar Shaikh

The U.S. Supreme Court’s upcoming decision in Cochise should clarify the issue of whether a three-year limitations period applies to whistleblowers, or relators, in cases in which the government does not intervene.

By articulating a uniform national standard, the Supreme Court can reduce the risk of forum shopping, provide fairness and predictability for defendants, and potentially curtail the scope of defendants’ liability.

The Supreme Court granted certiorari on Nov. 16, 2018, in Cochise Consultancy Inc. v. United States ex rel. Hunt (Case No. 18-315) to resolve a three-way circuit split over the applicable statute of limitations period in non-intervened False Claims Act (FCA) actions.

By: Weil, Gotshal & Manges LLP

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