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News/Compliance & Enforcement/Three-Way Split on a Three-Year Provision: the FCA goes back to the Supreme Court
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Expert Opinion·Compliance & Enforcement Brief

Three-Way Split on a Three-Year Provision: the FCA goes back to the Supreme Court

Few would describe the False Claims Act as a model of clarity. Among its ambiguous provisions is the statute of limitations. A three-way circuit split has developed on how to read the provision, and the Supreme Court has agreed to resolve the question. An FCA plaintiff will always have at least six years to bring a claim, but never more than 10 years. How to get from six to ten years is where the ambiguity arises.

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