HCBA Lawyer Magazine Vol. 29, No. 1 | Page 41

Continued from page 38 asserting Hunt’s claim was barred by the six-year statute of limitations. The Eleventh Circuit held that the three-year statute of repose applied even in non-intervention cases. The court’s holding, which is at odds with previous Fourth Circuit and Tenth Circuit decisions, relied on the “unique role that the United States plays even in a non-intervened qui tam case,” primarily the control that the Attorney General still has over future proceedings. For example, even in a non-intervening situation, the Attorney General still recovers 70-75 percent of proceeds from a final judgment (compared to 75-85 percent in intervening scenarios). The Attorney General also can ask to be copied on all pleadings and orders filed as part of the action, and it has the power to stay proceedings at any time if the litigation is inter - fering with other U.S. investigations. Additionally, the court held that the three-year statute of repose is triggered by the Government’s knowledge of the alleged violation — not the relator’s knowledge — deviating from a 1996 decision of the Ninth Circuit. While it is important to keep an eye on the future enforceability of this decision, depending on whether or not the Supreme Court resolves the conflict among the circuits, for the time being, the Hunt opinion will have a profound effect on future qui tam actions and a private citizen’s ability to bring such lawsuits under the False Claims Act. Congratulations to the 2017-18 Bar Leadership Institute Class the Hillsborough County Bar Association’s Bar leadership institute Class held its closing reception on May 22 at the Chester H. ferguson law Center. Congratulations to the class for all of its achievements this year. the Bar looks forward to seeing great things from these future leaders. the HCBA would like to thank the Bli’s sponsor: Author: Brian Lambert – Cotney Construction Law, LLP SEPT - OCT 2018 | HCBA LAWYER 39