On Tuesday, the Supreme Court issued its long-awaited opinion addressing the applicability of the Wartime Suspension of Limitations Act (WSLA) to claims under the False Claims Act. In Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, the Supreme Court decided that the WLSA does not apply to FCA claims but is instead limited to criminal offenses.
However, the Court did affirm the appellate court’s decision on the first-to-file bar, finding that the first-to-file bar only precludes subsequent suits while the first suit is actually pending in court. Once the preclusive suit has been dismissed or is no longer active, it cannot bar any future suits under the first-to-file provision.