David Chizewer, a principal in the firm's Litigation Group, is quoted in the Law360 article, "Attys React to High Court FCA Statue of Limitations Ruling," published May 13, 2019.
The article concerns the U.S. Supreme Court's ruling in Cochise Consultancy Inc. et al. v. U.S. ex rel. Hunt that the statute of limitations in False Claims Act cases applies whether or not the government is directly involved in the litigation, extending the maximum time qui tam relators have to file FCA claims from six to 10 years.
"The number of cases, in practice, that actually will be materially affected by the Cochise decision may be limited," said Mr. Chizewer. "But the broader message is impactful.
"The Court affirmed that whistleblowers pursuing cases without government intervention are fulfilling a function on par with cases the government brings or joins. The entire purpose of the whistleblower provisions in the FCA is to allow a whistleblower, who has special knowledge of a fraud against the government, to vindicate the government's rights.
"Limiting the time by which a whistleblower must bring a case to something more restrictive than the government is allowed would have made no sense," Mr. Chizewer continues. "It is not surprising that the Court affirmed the 11th Circuit decision."