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asserting Hunt’s claim was barred
by the six-year statute of limitations.
The Eleventh Circuit held that the
three-year statute of repose applied
even in non-intervention cases. The
court’s holding, which is at odds with
previous Fourth Circuit and Tenth
Circuit decisions, relied on the
“unique role that the United States
plays even in a non-intervened qui
tam case,” primarily the control that
the Attorney General still has over
future proceedings. For example,
even in a non-intervening situation,
the Attorney General still recovers
70-75 percent of proceeds from a
final judgment (compared to 75-85
percent in intervening scenarios).
The Attorney General also can ask
to be copied on all pleadings and
orders filed as part of the action, and
it has the power to stay proceedings
at any time if the litigation is inter -
fering with other U.S. investigations.
Additionally, the court held that the
three-year statute of repose is triggered
by the Government’s knowledge of
the alleged violation — not the
relator’s knowledge — deviating from
a 1996 decision of the Ninth Circuit.
While it is important to keep an
eye on the future enforceability of
this decision, depending on whether
or not the Supreme Court resolves
the conflict among the circuits, for
the time being, the Hunt opinion
will have a profound effect on future
qui tam actions and a private citizen’s
ability to bring
such lawsuits
under the False
Claims Act.
Congratulations to the 2017-18 Bar
Leadership Institute Class
the Hillsborough County Bar Association’s Bar leadership institute Class held its
closing reception on May 22 at the Chester H. ferguson law Center. Congratulations to
the class for all of its achievements this year. the Bar looks forward to seeing great
things from these future leaders.
the HCBA would like to thank the Bli’s sponsor:
Author:
Brian Lambert –
Cotney Construction
Law, LLP
SEPT - OCT 2018
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HCBA LAWYER
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