Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-1497 4th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the Wartime Suspension of Limitations Act – a criminal code provision that tolls the statute of limitations for “any offense” involving fraud against the government “[w]hen the United States is at war,” 18 U.S.C. § 3287, and which this Court has instructed must be “narrowly construed” in favor of repose – applies to claims of civil fraud brought by private relators, and is triggered without a formal declaration of war, in a manner that leads to indefinite tolling; and (2) whether, contrary to the conclusion of numerous courts, the False Claims Act’s so-called “first-to-file” bar, 31 U.S.C. § 3730(b)(5) – which creates a race to the courthouse to reward relators who promptly disclose fraud against the government, while prohibiting repetitive, parasitic claims – functions as a “onecase- at-a-time” rule allowing an infinite series of duplicative claims so long as no prior claim is pending at the time of filing.

DateProceedings and Orders
Jun 24 2013Petition for a writ of certiorari filed. (Response due July 26, 2013)
Jul 16 2013Order extending time to file response to petition to and including August 26, 2013.
Jul 26 2013Motion for leave to file amicus brief filed by National Defense Industrial Association.
Jul 26 2013Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Aug 26 2013Brief of respondent United States, ex rel. Benjamin Carter in opposition filed.
Sep 10 2013Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Sep 26 2013Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed)
Oct 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Term Snapshot