 Although a party to the settlement agreement, the U.S. Department of Justice chose not to intervene in the lawsuit.Milberg pursued the case and obtained one of the largest settlements of an FCA case in which the government declined to intervene.In 2010, Milberg won a victory before the United States Supreme Court, which issued a decision (Merck & Co., Inc. v. Reynolds) addressing when an investor is placed on "inquiry notice" of securities fraud violation sufficient to trigger the statute of limitations under 28 U.S.C.