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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