The U.S. Supreme Court on Tuesday issued a split decision on two issues regarding the scope of liability under the False Claims Act (FCA).
The first issue regards the statute of limitations under the FCA during wartime. On this issue, the Court held unanimously that a suit charging KBR Inc. and Halliburton Company of fraudulent billing had been filed too late, despite a whistle-blower’s attempt to invoke a federal law that suspends deadlines during wartime.
On the second issue, concerning the FCA’s so-called “first to file” bar, the Court unanimously held that plaintiffs may file FCA claims even after a pending claim has been dismissed or settled.
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