|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-315||11th Cir.||Mar 19, 2019||May 13, 2019||9-0||Thomas||OT 2018|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.
Holding: The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on May 13, 2019.
|Date||Proceedings and Orders |
|Jun 19 2018||Application (17A1390) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to September 8, 2018, submitted to Justice Thomas.|
|Jun 28 2018||Application (17A1390) granted by Justice Thomas extending the time to file until September 8, 2018.|
|Sep 07 2018||Petition for a writ of certiorari filed. (Response due October 11, 2018)|
|Oct 03 2018||Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.|
|Oct 04 2018||Blanket Consent filed by Respondents, United States of America ex rel. Billy Joe Hunt.|
|Oct 11 2018||Response to petition from respondent United States of America ex rel. Billy Joe Hunt filed.|
|Oct 11 2018||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Oct 23 2018||Reply of petitioners Cochise Consultancy, Inc. and The Parsons Corporation filed.|
|Oct 24 2018||DISTRIBUTED for Conference of 11/9/2018.|
|Nov 13 2018||DISTRIBUTED for Conference of 11/16/2018.|
|Nov 16 2018||Petition GRANTED.|
|Jan 02 2019||Joint appendix filed. (Statement of costs filed)|
|Jan 02 2019||Brief of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed.|
|Jan 02 2019||Blanket Consent filed by Respondent, United States of America ex rel. Billy Joe Hunt|
|Jan 03 2019||Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.|
|Jan 07 2019||Brief amicus curiae of Joel D. Hesch filed.|
|Jan 09 2019||Brief amicus curiae of Coalition for Government Procurement filed.|
|Jan 09 2019||Brief amicus curiae of Washington Legal Foundation filed.|
|Jan 09 2019||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.|
|Jan 09 2019||Brief amici curiae of DRI-The Voice of the Defense Bar, and the Professional Services Counsel-The Voice of the Government Services Industry filed.|
|Jan 25 2019||SET FOR ARGUMENT on Tuesday, March 19, 2019|
|Feb 01 2019||Brief of respondent United States of America ex rel. Billy Joe Hunt filed.|
|Feb 08 2019||Brief amicus curiae of United States filed.|
|Feb 08 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Feb 08 2019||Brief amici curiae of Indiana and 19 Other States filed.|
|Feb 08 2019||Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.|
|Feb 08 2019||Brief amicus curiae of The National Whistleblower Center filed.|
|Feb 14 2019||CIRCULATED|
|Feb 21 2019||Record requested from the U.S.C.A. 11th Circuit.|
|Feb 25 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Feb 28 2019||The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. The record is complete.|
|Mar 04 2019||Reply of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed. (Distributed)|
|Mar 19 2019||Argued. For petitioners: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Earl N. Mayfield, III, Fairfax, Va.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|May 13 2019||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.|
|Jun 17 2019||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050