On September 12, the United States Court of Appeals for the Third Circuit, in a precedential ruling, held that courts are not required to hold an in-person hearing prior to granting a government’s request to dismiss a qui tam whistleblower’s federal False Claims Act (“FCA”) or Delaware False Claims Act (“DFCA”) suit. However, the Court
The Supreme Court, in a unanimous decision authored by Justice Clarence Thomas, ruled yesterday that the same False Claims Act statute of limitations period applies whether an action is brought and pursued by a private person, known as a “relator,” or by the government. The opinion focuses on the plain language of the statute and
On December 22, a federal court applied the plain language of the “whistleblower-protection provisions” of the False Claims Act, including 31 U.S.C. § 3730(h), to hold that a plaintiff may bring a retaliation claim against a former employer even if that employer was not the subject of any FCA allegations. In O’Hara v. NIKA Technologies