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.	May 26, 2015	9-0	Alito	OT 2014

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

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

Date	Proceedings and Orders (key to color coding)
Jun 24 2013	Petition for a writ of certiorari filed. (Response due July 26, 2013)
Jul 16 2013	Order extending time to file response to petition to and including August 26, 2013.
Jul 26 2013	Motion for leave to file amicus brief filed by National Defense Industrial Association.
Jul 26 2013	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Aug 26 2013	Brief of respondent United States, ex rel. Benjamin Carter in opposition filed.
Sep 10 2013	Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Sep 11 2013	DISTRIBUTED for Conference of September 30, 2013.
Sep 26 2013	Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed)
Oct 7 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 27 2014	Brief amicus curiae of United States filed.
Jun 10 2014	DISTRIBUTED for Conference of June 26, 2014.
Jun 10 2014	Supplemental brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed. (Distributed)
Jun 23 2014	Supplemental brief of petitioners regarding intervening decision filed. (Distributed)
Jun 30 2014	DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jul 1 2014	Motion for leave to file amicus brief filed by National Defense Industrial Association GRANTED.
Jul 1 2014	Petition GRANTED.
Jul 18 2014	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2014.
Jul 18 2014	The time to file respondent's brief on the merits is extended to and including October 14, 2014.
Aug 26 2014	Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the petitioners.
Aug 27 2014	Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for respondent.
Aug 29 2014	Joint appendix filed. (Statement of costs filed.)
Aug 29 2014	Brief of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Aug 29 2014	Motion to file Volume II of the joint appendix under seal filed by petitioners Kellogg Brown & Root Services, Inc., et al.
Sep 4 2014	Brief amicus curiae of New England Legal Foundation filed.
Sep 5 2014	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 5 2014	Brief amicus curiae of Verizon filed.
Sep 5 2014	Brief amici curiae of The National Defense Industrial Association, et al., filed.
Sep 10 2014	Motion DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014	Motion to file Volume II of the joint appendix under seal GRANTED.
Oct 14 2014	Brief of respondent United States, ex rel. Benjamin Carter filed.
Oct 21 2014	Brief amicus curiae of the United States filed.
Oct 21 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2014	Brief amicus curiae of National Whistleblower Center filed.
Oct 21 2014	Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Nov 10 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13 2014	Reply of petitioners Kellogg Brown & Root Services, Inc., et al. filed.
Nov 21 2014	SET FOR ARGUMENT ON Tuesday, January 13, 2015
Dec 2 2014	CIRCULATED.
Dec 2 2014	Record requested from U.S.C.A. 4th Circuit.
Dec 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).
Jan 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.)
May 26 2015	Adjudged to be REVERSED IN PART, AFFIRMED IN PART, and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Jun 29 2015	JUDGMENT ISSUED.
Jul 21 2015	Record from U.S.C.A. 4th Circuit has been returned.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

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

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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