News & Analysis as of

WSLA

Morrison & Foerster LLP

California Lawyer 2015 Roundtable Series – False Claims Act

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

BakerHostetler

Government Contracts Quarterly Update - July 2015

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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. ...more

McGuireWoods LLP

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

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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

BakerHostetler

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

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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

Sheppard Mullin Richter & Hampton LLP

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

Proskauer - Corporate Defense and Disputes

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

Faegre Drinker Biddle & Reath LLP

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

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

King & Spalding

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

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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

King & Spalding

AHA Files Joint Amicus Brief in Supreme Court FCA Case

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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

Saul Ewing Arnstein & Lehr LLP

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

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

Morrison & Foerster LLP

California Lawyer 2014 Roundtable Series: False Claims

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

Bradley Arant Boult Cummings LLP

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

Katten Muchin Rosenman LLP

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

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

Proskauer - Whistleblowing & Retaliation

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

BakerHostetler

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

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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

Dechert LLP

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

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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

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