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

Docket No. Op. Below Argument Opinion Vote Author Term
12-1497 4th Cir. Jan 13, 2015
Tr.Aud.
TBD TBD TBD OT 2014

Disclosure: John Elwood, a frequent contributor to this blog, is counsel to the petitioner in the case.

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. CVSG: 10/07/2013.

SCOTUSblog Coverage

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.
May 27 2014Brief amicus curiae of United States filed.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 10 2014Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed)
Jun 23 2014Supplemental brief of petitioners regarding intervening decision filed. (Distributed)
Jun 30 2014DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jul 1 2014Motion for leave to file amicus brief filed by National Defense Industrial Association GRANTED.
Jul 1 2014Petition GRANTED.
Jul 18 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2014.
Jul 18 2014The time to file respondent's brief on the merits is extended to and including October 14, 2014.
Aug 26 2014Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners.
Aug 27 2014Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondent.
Aug 29 2014Joint appendix filed. (Statement of costs filed.)
Aug 29 2014Brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Aug 29 2014Motion to file Volume II of the joint appendix under seal filed by petitioners Kellogg Brown & Root Services, Inc., et al.
Sep 4 2014Brief amicus curiae of New England Legal Foundation filed.
Sep 5 2014Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 5 2014Brief amicus curiae of Verizon filed.
Sep 5 2014Brief amici curiae of The National Defense Industrial Association, et al., filed.
Sep 10 2014Motion DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014Motion to file Volume II of the joint appendix under seal GRANTED.
Oct 14 2014Brief of respondent United States, ex rel. Benjamin Carter filed.
Oct 21 2014Brief amicus curiae of the United States filed.
Oct 21 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2014Brief amicus curiae of National Whistleblower Center filed.
Oct 21 2014Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Nov 10 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13 2014Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Nov 21 2014SET FOR ARGUMENT ON Tuesday, January 13, 2015
Dec 2 2014CIRCULATED.
Dec 2 2014Record requested from U.S.C.A. 4th Circuit.
Dec 12 2014Record received from U.S.C.A. 4th Circuit. The record is electronic and located on PACER, with the exception of 1 Box (SEALED).
Jan 13 2015Argued. For petitioners: John P. Elwood, Washington, D. C. For respondent: David S. Stone, Short Hills, N. J.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
 
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