United States Ex Rel. Bauchwitz v. Holloman

MEMORANDUM OPINION

SAVAGE, District Judge.

In this action presenting issues relating to the False Claims Act (“FCA”) 1 statute of limitations that have not been decided by the Third Circuit Court of Appeals and have divided other circuit and district courts, we hold that the tolling provision in § 3731(b)(2) does not apply to a relator when the government has not intervened, and the limitations period in 31 U.S.C. § 3731(b)(1) is triggered by the earlier filing of the claim rather than the later payment. The decision with respect to the triggering point is confined to the peculiar framework of…