Cochise Consultancy Inc. v. United States, ex rel. Hunt

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on May 13, 2019.

SCOTUSblog Coverage

• Opinion analysis: Expanding the time for private suits under the False Claims Act (Mark Walsh)
• Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case (Mark Walsh)
• Argument preview: Justices to determine relevant statute of limitations for whistleblower suits under the False Claims Act (David Engstrom)
• Justices to weigh in on evidence in census citizenship-question dispute (Amy Howe)
• Petitions of the week (Aurora Barnes)