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Expert Analysis

Contractual, Statutory Notice Requirements Don't Trump FCA

Law360, New York (March 5, 2014, 2:08 PM EST) -- On Feb. 5, 2014, the Court of Appeals for the Second Circuit held in United States ex rel. Grupp v. DHL Express (USA) Inc.[1] that a statutory notice requirement specific to shipping-rate disputes did not displace the longer statute of limitations for False Claims Act claims. The decision may have implications going forward for companies whose government contracts involve either contractual or statutory notice requirements. At the very least, in the Second Circuit, companies can no longer rely on such notice requirements to insulate themselves from FCA liability....

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