Graham v. United States
In 2001, Wilson, a former part-time secretary at the Graham County Soil & Water Conservation District, filed a qui tam or "whistle blower" suit against the Conservation District alleging that several of her former coworkers had submitted false claims for reimbursement from three federal programs. Wilson also alleged that she was constructively discharged in 1997, in retaliation for reporting her concerns in a letter to federal authorities. Wilson filed suit under the False Claims Act, which has a six-year statute of limitations. The district court dismissed Wilson's retaliatory discharge claim as untimely, holding that it was not subject to the six-year statute of limititations in the FCA, but rather subject to the three-year statute of limitations provided by state law for wrongful discharge claims. The Court of Appeals for the Fourth Circuit reversed, concluding that § 3731(b) of the FCA, which states broadly that it applies to "[a] civil action under section 3730," applies to retaliation claims under § 3730(h).
Question Presented:
Whether the six year limitation period set out in 31 U.S.C. § 3731(b) should be applied to retaliatory discharge actions under the false claims act or
whether courts should apply the most closely analogous state limitation period.
