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 | May 26, 2015 | 9-0 | Alito | OT 2014 |
Holding: As shown by the Wartime Suspension of Limitations Act"s text, structure, and history, the Act applies only to criminal offenses, not to civil claims like those in this case. Moreover, the False Claims Act"s "first to file" bar keeps new claims out of court only while related claims are still alive, not in perpetuity."
Judgment: Reversed in part, affirmed in part, and remanded., 9-0, in an opinion by Justice Alito on May 26, 2015.
SCOTUSblog Coverage
- Opinion analysis: Court resolves twin disputes about timing of suits under False Claims Act (Ronald Mann, May 27, 2015)
- Argument analysis: Justices dubious of governments broad reading of False Claims Act (Ronald Mann, January 13, 2015)
- Argument preview: Contractor fraud case calls for close reading of the False Claims Act (Ronald Mann, January 12, 2015)
- Solicitor General files invitation briefs -- Part 2 (UPDATED June 13, 2014) (Amy Howe, June 12, 2014)
| Date | Proceedings and Orders |
|---|---|
| 06/24/2013 | Petition for a writ of certiorari filed. (Response due July 26, 2013) |
| 07/16/2013 | Order extending time to file response to petition to and including August 26, 2013. |
| 07/26/2013 | Motion for leave to file amicus brief filed by National Defense Industrial Association. |
| 07/26/2013 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. |
| 08/26/2013 | Brief of respondent United States, ex rel. Benjamin Carter in opposition filed. |
| 09/10/2013 | Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed. |
| 09/11/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 09/26/2013 | Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed) |
| 10/07/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/27/2014 | Brief amicus curiae of United States filed. |
| 06/10/2014 | DISTRIBUTED for Conference of June 26, 2014. |
| 06/10/2014 | Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed) |
| 06/23/2014 | Supplemental brief of petitioners regarding intervening decision filed. (Distributed) |
| 06/30/2014 | DISTRIBUTED for Conference of June 30, 2014. |
| 07/01/2014 | Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED. |
| 07/01/2014 | Motion for leave to file amicus brief filed by National Defense Industrial Association GRANTED. |
| 07/01/2014 | Petition GRANTED. |
| 07/18/2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2014. |
| 07/18/2014 | The time to file respondent's brief on the merits is extended to and including October 14, 2014. |
| 08/26/2014 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners. |
| 08/27/2014 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondent. |
| 08/29/2014 | Joint appendix filed. (Statement of costs filed.) |
| 08/29/2014 | Brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. |
| 08/29/2014 | Motion to file Volume II of the joint appendix under seal filed by petitioners Kellogg Brown & Root Services, Inc., et al. |
| 09/04/2014 | Brief amicus curiae of New England Legal Foundation filed. |
| 09/05/2014 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 09/05/2014 | Brief amicus curiae of Verizon filed. |
| 09/05/2014 | Brief amici curiae of The National Defense Industrial Association, et al., filed. |
| 09/10/2014 | Motion DISTRIBUTED for Conference of September 29, 2014. |
| 10/06/2014 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| 10/14/2014 | Brief of respondent United States, ex rel. Benjamin Carter filed. |
| 10/21/2014 | Brief amicus curiae of the United States filed. |
| 10/21/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/21/2014 | Brief amicus curiae of National Whistleblower Center filed. |
| 10/21/2014 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| 11/10/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/13/2014 | Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed. |
| 11/21/2014 | SET FOR ARGUMENT ON Tuesday, January 13, 2015 |
| 12/02/2014 | CIRCULATED. |
| 12/02/2014 | Record requested from U.S.C.A. 4th Circuit. |
| 12/12/2014 | Record received from U.S.C.A. 4th Circuit. The record is electronic and located on PACER, with the exception of 1 Box (SEALED). |
| 01/13/2015 | Argued. 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.) |
| 05/26/2015 | Adjudged to be REVERSED IN PART, AFFIRMED IN PART, and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. |
| 06/29/2015 | JUDGMENT ISSUED. |
| 07/21/2015 | Record from U.S.C.A. 4th Circuit has been returned. |