FCA and Statute of Limitations: A Puzzle for the Supreme Court

The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA's statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.

11 minute read March 01, 2019 at 12:11 AM
By
Jonathan S. Feld, Eric Klein and Andrew VanEgmond
FCA and Statute of Limitations: A Puzzle for the Supreme Court

The False Claims Act (FCA), 31 U.S.C. §3729 et seq., which is more than 150 years old, was originally intended to protect the federal government from fraud perpetrated by war profiteers.

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