Gosselin World Wide Moving v. United States ex rel. Bunk

Petition for certiorari denied on October 6, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1399 4th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether the Fourth Circuit erred in holding, in conflict with the Ninth Circuit, that the Shipping Act’s exemption from federal antitrust laws of any “agreement or activity relating to the foreign inland segment” of “through transportation” between the United States and a foreign country” does not apply where a collusive agreement relating to the “foreign inland segment” indirectly affects prices for overall “through transportation”; and (2) whether the Fourth Circuit erred in holding, in conflict with this Court's jurisprudence and with decisions of other courts, that the False Claims Act, which provides that a person who submits to the government a false claim for payment is liable for treble damages plus “a civil penalty of not less than $5,000,” requires -- and the Eighth Amendment's Excessive Fines Clause condones -- mechanical imposition of a separate civil penalty for each invoice submitted to the government (here, over 9,000), without regard to the defendant's culpability, even where the invoices are “false” only by operation of law under United States ex rel. Marcus v. Hess.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 15 2014Petition for a writ of certiorari filed. (Response due June 23, 2014)
Jun 19 2014Order further extending time to file response to petition to and including July 23, 2014.
Jun 23 2014Brief amicus curiae of National Defense Industrial Association filed.
Jun 23 2014Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
Jul 21 2014Waiver of right of respondent Relators Kurt Bunk and Ray Ammons to respond filed.
Jul 23 2014Brief of respondents United States Ex Rel. Kurt Bunk, et al. in opposition filed.
Aug 6 2014DISTRIBUTED for Conference of September 29, 2014.
Aug 6 2014Reply of petitioners Gosselin World Wide Moving, et al. filed. (Distributed)
Oct 6 2014Petition DENIED.
 
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