Category: Statute of Limitations

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

Kirk Schuler

Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to intervene, and in so doing held it is the knowledge of a government official, not the relator, that triggers the three year limitations period, rejecting the contrary view of...

In KBR v. Carter, Supreme Court Clarifies the First-To-File Doctrine and the Statute of Limitations Under the Wartime Suspension of Limitations Act

Mike Rowe

Late last month, the Supreme Court issued a unanimous, two-part decision that clarified the meaning of the term “offense” as used in the Wartime Suspension of Limitations Act (“WSLA”), and the term “pending” as used in the first-to-file doctrine.  The Court held that (i) the suspension of the statute of limitations under the WSLA applies only to criminal offenses; and (ii) a qui tam suit...