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Fourth Circuit Extends Time For Retaliation Claims

Client Alert | 1 min read | 05.10.04

In US ex rel Wilson v. Graham County Soil & Water Conserv. Dist. (4th Cir. April 29, 2004) (a 2-1 decision perhaps inviting en banc review) the 4th Circuit joined the 7th Circuit in holding that the 6-year statute of limitations contained in the False Claims Act also applies to retaliation claims brought under § 3730(h), even though the 6 years commences with the submission of a false claim, which, of course, necessarily precedes any act of retaliation. The majority rejected the 9th Circuit interpretation that limits the FCA limitation period to the substantive causes of action under § 3729 and for retaliation claims looks to the statute of limitations applicable to the most analogous state cause of action which, in this case, would have been North Carolina's 3 year period applicable to wrongful discharge.

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....