Makro Capital of America, Inc. v. UBS AG

BIRCH, Circuit Judge:

This appeal presents the first-impression issue for our circuit of whether an amended complaint involving a qui tarn claim under the False Claims Act can relate back to the original, non-qui tam, complaint under the “relation back” provisions of Federal Rule of Civil Procedure 15(c). The district court dismissed Mak-ro’s amended complaint and denied its motion for reconsideration of that dismissal. We AFFIRM both judgments.

I. BACKGROUND

This dispute derives from a series of events dating back to the 1920s. The facts themselves are essentially undisputed by both parties. In…