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Attys React To Supreme Court’s Wartime Limits To FCA Ruling

May 26, 2015


Law360, New York (May 26, 2015, 7:51 PM ET) — On Tuesday, the Supreme Court overturned a Fourth Circuit decision and held that the Wartime Suspension of Limitations Act applies only to criminal fraud claims and not civil fraud cases, including False Claims Act suits. Here, attorneys tell Law360 why the decision in Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter is significant.

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Lathrop Nelson, Montgomery McCracken Walker & Rhoads LLP

“The court in KBR provided some finality for civil FCA cases limiting the WSLA to criminal proceedings, thus precluding plaintiffs from relying upon the WSLA to extend the statute of limitations in civil matters in times of war. Yet, notably, the court declined to address the scope and applicability of the WSLA in criminal matters, including whether the 2008 amendments were retroactive and the scope and extent of the term ‘at war’ in the statute. Given that the president did not announce the end of the combat mission in Afghanistan until December 2014, the government may well attempt to rely upon the WSLA in criminal matters, including offenses that occurred prior to the 2008 amendments, and open questions remain as to when the statute of limitations begins and how long it tolls in criminal matters.”

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–Editing Emily Kokoll.

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