Qui Tam Time Litigation

As the Pogue court noted, “[m]easuring (b)(2)’s limitations period by the government’s knowledge, and never the relator’s, makes sense because it means that . . . the government will be able to recover upon the maximum amount of claims within the overall ten-year repose period.” 474 F. Supp. 2d at 88. 2. The Government’s Remaining Tort Claims In addition to its claims pursuant to the FCA, the Government has also brought claims for common law fraud and negligent misrepresentation. These claims are governed by 28 U.S.C. § 2415, the general federal statute of limitations, which provides that “every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues.” 28 U.S.C. 32 § 2415(b). Because claims of negligent misrepresentation and fraud sound in tort, they are governed by this three year statute of limitations, Intrados, 265 F. Supp. 2d at 14, subject

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