Rule 22: Delay Is Deadly
Don’t Miss the Deadline for Filing Your Whistleblower Claim
- The SEC rules explaining the benefits of being the “first to file” are published at 17 C.F.R. Part 240.21F-4(b)(5) and (c) and are explained at 76 Federal Register 34300, 34321-23.
- The SEC rule on qualifying for a reward if you contribute to an ongoing investigation for which you are not the original source is located at 17 Code of Federal Regulation § 240.21F-4(c)(2)
- AMTRAK v. Morgan, 536 U.S. 101 (2002); Lewis v. City of Chicago, 130 S.Ct. 2191 (2010) (continuing violations) (must show present violation within statutory filing period)
- Delaware State College v. Ricks, 449 U.S. 250 (1980) (when the clock starts ticking on your filing deadline)
- Turgeau v. Administrative Review Board, 446 F.3d 1052 (10th Cir. 2006); School District of Allentown v. Marshall, 657 F.2d 16 (3rd Cir. 1981); Bonham v. Dresser Indus., 569 F.2d 187 (3rd. Cir. 1977) (cases explaining potential “equitable” justifications for enlarging the statute of limitations)
- KBR v. U.S. ex rel. Carter, 135 S.Ct. 1970 (2015) (clarifying “first to file” rule and statute of limitations under the False Claims Act)
- Rule 6 – sets forth the “first to file” rule under the False Claims Act.
Summary of filing deadlines for cases that must be originally filed in federal court.
Summarizes the deadlines for filing complaints under major Department of Labor laws.
