Justices Address Boundaries Of 2 FCA Defenses In KBR Case

Law360, New York (January 13, 2015, 10:59 PM EST) -- On Tuesday, the U.S. Supreme Court heard oral argument in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, a widely anticipated case that will consider key limitations on civil fraud liability in the False Claims Act context and beyond.

In Carter, the court will address the boundaries of two traditional defenses to False Claims Act liability: the statute of limitations and the FCA's first-to-file jurisdictional bar. Below, the Fourth Circuit held that, under the Wartime Suspension of Limitations Act, the armed conflict in Iraq suspended the statute of limitations for civil FCA claims brought by private relators....

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