Qui Tam Time Litigation

Govt.’s Opp’n at 17 (quoting 31 U.S.C. § 3731(c)) (emphasis in original). Thus, the Government argues that the tolling provision of section 3731(b)(2) applies to its common law claims and that its claims relating to conduct after February 1, 1997 are timely. Id. at 18 n.8. 33 The Government is correct that its complaint in intervention relates back to the filing of Relator’s complaint, because it arises out of the same conduct, transaction, or occurrence. Frascella, 751 F. Supp. 2d at 854. However, it does not then follow that the ten-year statute of limitations in section 3731(b)(2) applies to the Government’s common law claims; the statute of limitations in 28 U.S.C. § 2415(b) still applies. Thus, the Court must count back from February 1, 2007 to determine which claims are timely.

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