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Solicitor General Asks Supreme Court to Decline Review on Two Issues


In response to an request from the Supreme Court for the government's views on a pending petition for certiorari in KBR, Inc. v. U.S. ex rel. Carter, the Solicitor General urged the court to decline review but expressed its view on two key FCA issues. The SG argued that (1) the Wartime Suspension of Limitations Act is applicable to both criminal and civil "offenses," even when the government does not intervene, thus essentially suspending the FCA's limitations period until five years after the end of any conflict in which Congress has authorized the use of armed forces; and (2) the first-to-file provision of the FCA applies only when an earlier suit is still "pending" at the time the relator files her action.

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Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549