False Claims Act -- active



Cochise Consultancy v. United States   (U.S. Supreme Court)

Statute-of-limitations for private false claims act cases

The NAM filed an amicus brief in the U.S. Supreme Court urging a limited time frame for private relators to bring False Claims Act (FCA) cases. The FCA establishes two distinct statute-of-limitations periods: six years for relators’ claims and up to 10 years for claims brought by a government official or with the knowledge of a government official. The U.S. Supreme Court is addressing the issue of whether the “government knowledge” period of 10 years applies only when the government intervenes in the case or whether that period also applies to relators even when the government has chosen not to pursue the claim. The shorter statute of limitations would reduce the number of very old claims that manufacturers would be forced to defend—at significant expense and with the disadvantage of faded memories and other evidence. The NAM’s brief argues that a relator in an FCA action is limited to the six-year statute of limitations.


Related Documents:
NAM brief  (January 9, 2019)

 


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