Argument analysis: Justices dubious of government's broad reading of False Claims Act
Dear readers: I commend to you the excellent analysis by Ronald Mann of SCOTUSblog of the oral argument held today at the Supreme Court in the case of Kellogg Brown and Root v. U.S. ex rel Carter. That case raised two questions for the Supreme Court to decide: (1) whether the Wartime Suspension of Limitations Act applies to the False Claims Act; and (2) "whether . . . the False Claims Act’s so-called 'first-to-file' bar, 31 U.S.C. § 3730(b)(5) . . . functions as a 'one case-at-a-time' rule allowing an infinite series of duplicative claims so long as no prior claim is pending at the time of filing."
A. Brian Albritton
January 14, 2015