Qui Tam Time Litigation

to tolling where “facts material to the right of action are not known and reasonably could not have been known by an official of the United States charged with the responsibility to act in the circumstances.” 28 U.S.C. § 2416(c). Defendants argue that because the Government’s common law claims were brought more than three years after the date the relevant Government official could reasonably have known of them, i.e., February 1, 2007, they are time-barred and must be dismissed. Defs.’ MTD Govt.’s Compl. at 25. The Government argues to the contrary that its fraud claims are also subject to section 3731(c)’s relation back provision because it provides that if the Government elects to intervene in a qui tam action, it may file its own complaint to “clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief.”

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