Dykema Gossett PLLC

Homeostasis: Health Care Law Blog

Posts by Donna A. O'Connor

Contributors

Photo of Homeostasis: Health Care Law Blog Donna A. O'Connor
Senior Counsel
doconnor@dykema.com
248-203-0720
View Bio

Showing 1 post by Donna A. O'Connor.

Supreme Court Exposes FCA Defendants To Decade-Old Relator Suits

When the Supreme Court accepted the cert petition to resolve a Circuit split regarding the False Claims Act’s statute of limitations when the government does not intervene, it created the potential that the Court would extend the limitations period for private relators’ FCA actions. That is exactly what happened. The Supreme Court unanimously ruled that a relator can bring suit within three years after a government official knows, or should know, about a potential FCA violation—up to 10 years after the underlying event—and the relator does not count as a government official. Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315 (U.S. May 13, 2019). FCA defendants may, therefore, face more qui tam suits reaching further back into their memories and records. Read More ›