Solicitor General Is Wrong On 2 Big FCA Issues In KBR Case

Law360, New York (June 5, 2014, 5:36 PM EDT) -- On May 27, 2014, the solicitor general filed an amicus curiae brief urging the U.S. Supreme Court not to review two critical and hotly disputed issues that are plaguing defendants in False Claims Act litigation: (1) whether the Wartime Suspension of Limitations Act suspends the civil FCA's statute of limitations for qui tam claims, and (2) whether the FCA's first-to-file bar requires dismissal of a related second-filed qui tam action if the first-filed complaint is resolved or dismissed. These issues are raised in the pending petition for certiorari in Kellogg Brown & Root Inc. v. United States ex rel. Carter, No. 12-1497, and on the opening day of its current term, the court invited the solicitor general to set forth the views of the United States on both issues....

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