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

Docket No.: 12-1497
Certiorari Granted: Jul 1 2014
Argued: January 13, 2015
Decided: May 26, 2015

Topics:

False Claims Act, RICO, antitrust, murder

PartyNames: Kellogg Brown & Root Services, Inc., et al. v. United States, ex rel. Benjamin Carter
Petitioner: Kellogg Brown & Root Services, Inc., et al.
Respondent: United States, ex rel. Benjamin Carter

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 710 F.3d 171
Supreme Court Docket

Kellogg Brown & Root Services, Inc., et al.
v.
United States, ex rel. Benjamin Carter
Question Presented:

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. 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 "one-case-at-a-time" rule allowing an infinite series of duplicative claims so long as no prior claim is pending at the time of filing.

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

January 13, 2015

Listen to Oral Argument in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter
Holding: REVERSED IN PART, AFFIRMED IN PART, AND REMANDED
Vote: 9-0
Majority: unanimous
Opinion By:
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