United States ex rel. Hunt v. Cochise Consultancy, Inc.
On May 13, 2019, the Supreme Court issued its opinion in Cochise Consultancy v. United States ex rel. Hunt. The Court ruled that a private party may invoke the longer of the False Claims Act’s two limitations periods, even when the United States declines to join the lawsuit. WLF had filed a brief focusing on the negative consequences of expanding the limitations period in this fashion. Letting a relator invoke the False Claims Act’s ten-year repose period, WLF explained, would exacerbate government abuse of the False Claims Act’s seal provision. WLF also contended that allowing the government conduct one-sided discovery on decade-old allegations does not square with due process.
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