Tick-tock, the Court Starts the Clock: Deconflicting the FCA and Rule 4(m) of the FRCP
Inside Government Contracts
DECEMBER 20, 2023
In keeping with the trend of increased attention on the False Claims Act’s (“FCA”) qui tam provisions, the Second Circuit recently weighed in on a seeming conflict between the statute and the relator’s obligations under the Federal Rules of Civil Procedure (“FCRP”). Under Rule 4(m) of the FRCP, the court generally must dismiss a complaint if the plaintiff fails to serve the defendant with a complaint and summons within 90 days of filing.
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