News & Analysis as of

WSLA

California Lawyer 2015 Roundtable Series – False Claims Act

by Morrison & Foerster LLP on

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

Government Contracts Quarterly Update - July 2015

by BakerHostetler on

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Please see...more

Health Care E-Note - June 2015

by Burr & Forman on

In This Issue: - Why, Again, Do You Think That Worker is an Independent Contractor? - I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors - Excerpt From Why, Again, Do You Think That...more

KBR v. Carter–Supreme Court Holds that the First-to-File Bar Only Applies to Pending Cases

by McGuireWoods LLP on

On Wednesday the Supreme Court, in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497 (2015), held that the Wartime Suspension of Limitations Act (“WSLA”) only tolls the statute of limitations...more

Supreme Court: Wartime Suspension of Limitations Act does not apply to civil claims; ruling may also mean more criminal...

by DLA Piper on

Last week, the Supreme Court handed down its decision in Kellogg, Brown & Root Services, Inc. v. U.S. ex rel. Carter. This case concerned the Wartime Suspension of Limitations Act (WSLA), a statute that suspends the statute...more

Supreme Court Decision Has Good News and Bad News for Those Facing False Claims Act Litigation

by BakerHostetler on

On May 26, 2015, the Supreme Court of the United States (SCOTUS) issued an opinion in a federal False Claims Act (FCA) case that resolves two important procedural points litigants face: the tolling of the six-year statute of...more

SCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False Claims Act; “First-to-File” Doctrine Does Not Bar...

In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of limitations for war-related...more

Supreme Court Unanimously Upholds FCA Statute of Limitation Defense and Clarifies Applicability of the First-to-File Bar in KBR...

by Ropes & Gray LLP on

Tuesday, the Supreme Court of the United States released a unanimous opinion in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, resolving a pair of open procedural questions that frequently arise in False...more

U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act under Wartime Suspension of Limitations Act; Holds First-to-File...

Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the FCA). In a unanimous decision...more

Supreme Court Decides Kellogg Brown & Root Services Inc., et al.

by Faegre Baker Daniels on

On May 26, 2015, the U.S. Supreme Court decided Kellogg Brown & Root Services, Inc,. et al., No. 12-1497, holding that the Wartime Suspension of Limitations Act (WSLA) does not apply to civil claims brought under the False...more

Supreme Court Hears Argument On Two Procedural Issues In False Claims Act Litigation

by King & Spalding on

On January 13, 2015, the United States Supreme Court heard oral argument in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a False Claims Act (FCA) qui tam case involving allegations of fraudulent billing...more

AHA Files Joint Amicus Brief in Supreme Court FCA Case

by King & Spalding on

The American Hospital Association (AHA) recently filed a joint amicus curiae brief with several other associations, including the American Medical Association and the Pharmaceutical Research and Manufacturers of America,...more

Supreme Court to address circuit splits on wartime tolling and first-to-file bar

by Saul Ewing LLP on

The Supreme Court has agreed to hear an appeal which will likely reconcile an appellate split as to whether the Wartime Suspension of Limitations Act applies in False Claims Act cases and the first-to-file bar. ...more

California Lawyer 2014 Roundtable Series: False Claims

by Morrison & Foerster LLP on

When the U.S. government is at war, which arguably has been the case since 2002, the Wartime Suspension of Limitations Act kicks in. It was first passed in 1942 and allows the statute of limitations to be tolled until the fog...more

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

Life, Liberty and the Pursuit of Fraud: Using Wartime Powers to Extinguish Statutes of Limitations

by Katten Muchin Rosenman LLP on

Sun Tzu declared in The Art of War that "there is no instance of a nation benefitting from prolonged warfare." Sun Tzu, however, did not consider the vast power that springs from US Congressional actions made during times of...more

Supreme Court Considers Review of Two False Claims Act Whistleblower Suits

The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit. The Supreme Court has asked the U.S. Solicitor General to weigh in before...more

Federal Court Cases May Have Some Healthcare Providers Asking for Peace, Not War

by BakerHostetler on

Last summer, a federal judge in Houston ruled that the Wartime Suspension of Limitations Act (WSLA), found in Title 18, § 3287 of the U.S. Criminal Code, applied to a civil False Claims Act (FCA) case and suspended the...more

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

by Dechert LLP on

When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

Fourth Circuit Applies the Wartime Suspension of Limitations Act to False Claims Act Relators and Limits the FCA’s First-to-File...

by Ropes & Gray LLP on

The U.S. Court of Appeals for the Fourth Circuit, in United States ex rel. Carter v. Halliburton Co, et. al (No. 12-1011), recently vitiated two traditional defenses in actions under the False Claims Act (“FCA”). First, the...more

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