On January 13, 2015, the Supreme Court heard oral argument in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter. This case involves two questions. The first question is whether the statute of limitations for a claim of civil fraud against the federal government brought by a relator (private individual bringing suit on behalf of the government) can be indefinitely tolled by the Wartime Suspension of Limitations Act. The second question asks whether the False Claims Act's "first-to-file" rule, which presents an incentive for relators to be the first to bring claims of fraud, simply requires that only one case can be pending at a time or requires that once a case has been filed, all cases based upon the same facts and alleging the same type of fraud are barred.
To discuss the case, we have Justin Walker, who is currently executive director of the Global Game Changers Children's Education Initiative. This year he will join the faculty at the University of Louisville as an Assistant Professor of Law.