• Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors
  • June 4, 2015 | Authors: Robin D. Fessel; Tracy Richelle High; Julia M. Jordan; Theodore O. Rogers; Jeffrey B. Wall
  • Law Firms: Sullivan & Cromwell LLP - New York Office ; Sullivan & Cromwell LLP - Washington Office ; Sullivan & Cromwell LLP - New York Office ; Sullivan & Cromwell LLP - Washington Office
  • On May 26, the Supreme Court issued a unanimous decision concerning the scope of civil fraud claims brought by whistleblowers under the False Claims Act (“FCA”) against government contractors. In Kellogg Brown & Root Services, Inc. et al. v. United States ex rel. Carter, slip op. --, 575 U.S. -- (2015), the Court held that the Wartime Suspension of Limitations Act (“WSLA”) applies only to criminal charges, and does not suspend the limitations period for civil claims brought by individual whistleblowers under the FCA. The Court also held that the FCA’s “first-to-file” bar—which bars subsequent claims brought with regard to the same underlying allegations as an earlier filed action—does not bar seriatim litigation if the first-filed claim has been dismissed.