Editor's Note :

Editor's Note :

On Monday at 9:30 we expect orders from the April 17 Conference. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday.

Schindler Elevator Corp. v. US ex rel. Kirk

Docket No. Op. Below Argument Opinion Vote Author Term
10-188 2d Cir. Mar 1, 2011
Tr.Aud.
May 16, 2011 5-3 Thomas OT 2010

Holding: A federal agency's written response to a FOIA request for records is a "report" within the meaning of the disclosure bar of the False Claims Act. (Kagan, J., recused).

Plain English Holding: A private plaintiff may not sue a government contractor under the False Claims Act (which provides a bounty for private litigants who prove fraud against the government by government contractors) based on fraud that had already been disclosed by the government in response to a request under the Freedom of Information Act, which generally requires the government to disclose documents in its possession in response to an individual’s request.

Judgment: Reversed, 5-3, in an opinion by Justice Thomas on May 16, 2011. Justice Ginsburg wrote a dissenting opinion, which was joined by Justices Breyer and Sotomayor.(Kagan, J., recused).

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