Successful defense of major European bank in qui tam action under False Claims Act.
We successfully defended a major European bank in a qui tam action under the False Claims Act. The action presented a first-impression issue of whether an amended complaint involving a qui tam claim under the False Claims Act can relate back to the original, non-qui tam complaint under the “relation back” provisions of Fed.R.Civ.P. 15(c). We prevailed on that issue before the District Court and the Eleventh Circuit affirmed, holding that there is no relation back. Makro Capital of America, Inc. v. UBS AG, 543 F.3d 1254 (11th Cir. 2008).