States’ Statutes Of Limitations Apply To Federal FCA Retaliation Claims
Client Alert | less than 1 min read | 06.27.05
Resolving a split among circuits regarding the proper statute of limitations to apply in "retaliation" claims brought by aggrieved whistleblowers against their employers under the federal civil False Claims Act, the Supreme Court in Graham County Soil & Water Conserv. Dist. v. U.S. ex rel. Wilson (June 20, 2005) held that, instead of the familiar six-year limitations period for substantive FCA allegations, the most analogous statute of limitations under state law (typically, state employment or other tort law) applies. The majority reasoned that, otherwise, the limitations period would be left without a starting point and would be inconsistent with the general rule that Congress drafts statutes of limitations to begin when the plaintiff has a “complete and present cause of action.”
Insights
Client Alert | 4 min read | 12.30.25
Are All Baby Products Related? TTAB Says “No”
The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation.
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
