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Victaulic Co. v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1398 3d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a qui tam relator's complaint under the False Claims Act satisfies Federal Rule of Civil Procedure 9(b) by alleging nothing more than the opportunity for fraud, as held by the U.S. Court of Appeals for the 3d Circuit, or whether Rule 9(b) instead requires allegations of actual false claims, as held by the U.S. Courts of Appeals for the 4th, 6th, 8th, and 11th Circuits, or allegations of particular details of a scheme paired with reliable indicia of a false claim, as held by the U.S. Courts of Appeals for the 1st, 5th, 7th, 9th, 10th, and D.C. Circuits; and (2) whether an “obligation” under the False Claims Act includes contingent duties that arise only after the exercise of discretion by government actors, so that an alleged failure to pay contingent marking duties is actionable as a knowing and improper avoidance of an obligation to pay the government.

SCOTUSblog Coverage

DateProceedings and Orders
May 23 2017Petition for a writ of certiorari filed. (Response due June 22, 2017)
Jun 13 2017Order extending time to file response to petition to and including July 24, 2017.
Jun 22 2017Brief amicus curiae of American Association of Exporters and Importers filed.
Jun 22 2017Brief amicus curiae of National Association of Manufacturers filed.
Jul 24 2017Brief of respondent United States, ex rel. Customs Fraud Investigations, LLC in opposition filed.
Aug 01 2017Supplemental brief of respondent United States, ex rel. Customs Fraud Investigations, LLC filed.
Aug 08 2017Reply of petitioner Victaulic Co. filed. (Distributed)
Aug 09 2017DISTRIBUTED for Conference of 9/25/2017.
 
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