Brad and Melan Davis filed the lawsuit in 2008 in federal court in Alexandria under a whistleblower law.

They allege Blackwater used excessive force and submitted fraudulent bills for its work in Iraq and Afghanistan.

Blackwater, now known as Xe (ZEE) Services, denies the allegations.

A trial is scheduled for next month, but both sides have asked the judge to forgo the trial and rule in their favor as a matter of law.

US District Judge T.S. Ellis III is scheduled to hear arguments Friday.