United States ex rel. Carter v. Halliburton Company, No. 12-1011 (4th Cir. 2015)

Annotate this Case

This opinion or order relates to an opinion or order originally issued on March 18, 2013.

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1011 UNITED STATES ex rel. BENJAMIN CARTER, Plaintiff - Appellant, v. HALLIBURTON CO; KELLOGG BROWN & ROOT SERVICES, INC.; SERVICE EMPLOYEES INTERNATIONAL, INC.; KBR, INC., Defendants - Appellees. On Remand from the Supreme Court of the United States. (S. Ct. No. 12-1497) Submitted: June 29, 2015 Decided: July 14, 2015 Before AGEE, WYNN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam order. ARGUED: William Clifton Holmes, DUNLAP, GRUBB & WEAVER, PC, Leesburg, Virginia, for Appellant. John Martin Faust, LAW OFFICE OF JOHN M. FAUST, PLLC, Washington, D.C., for Appellees. ON BRIEF: Thomas M. Dunlap, David Ludwig, DUNLAP, GRUBB & WEAVER, PC, Leesburg, Virginia, for Appellant. Craig D. Margolis, Tirzah S. Lollar, Kathryn B. Codd, VINSON & ELKINS LLP, Washington, D.C., for Appellees. ORDER PER CURIAM: This case returns to us on remand after the Supreme Court granted Kellogg certiorari, and Brown & reversed Root in Services, part and Inc.’s affirmed petition for in our part decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013). The only issue left for resolution is whether Carter timely filed his complaint under the principle of equitable tolling. summary affirmance Appellees–Defendants have filed a motion for under Fourth Circuit Local Rule 27(f). Because Carter raised the issue of equitable tolling for the first time in a motion to file a surreply and has not appealed the district court’s denial of that motion, we find that the issue is not properly before us and that equitable tolling is thus unavailable. (4th Cir. 2011). See ACLU v. Holder, 673 F.3d 245, 252 n.5 Therefore, we grant Appellees–Defendants’ motion for summary affirmance and affirm the district court’s judgment. AFFIRMED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.