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Judge Stanton DEFENDANT OPPOSED plaintiff’s motion to amend her complaint under the federal False Claims Act so as to add a claim under the New York State False Claims Act (NYSFCA), enacted on April 1, 2007. Such a claim would allow New York to claim damages and enhance plaintiff’s share. In addition to claiming that amendment would cause undue delay, defendants argued that addition of a claim under the NYSFCA would be futile, as subject to immediate dismissal under its six-year limitation period, because the actions on which plaintiff’s suit rested occurred between 1996 and 2000. In denying amendment, the court rejected plaintiff’s claims that the NYSFCA was retroactive and that her amended complaint could relate back to 2000. The NYSFCA lacked any express grant of retroactivity. Neither it nor an uncodified provision of state Session Laws’ reference to claims presented “prior to” the NYSFCA’s effective date contained language implying that the NYSFCA would revive claims barred by its limitations statute.

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