|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21-796||5th Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issues: (1) Whether the fundamental utility of the False Claims Act — to incentivize private citizen investigation and prosecution of fraud against the United States — is jeopardized by precedent that allows dismissal of “second-filed” suits even in the absence of evidence that parallel schemes would have been discovered but for the second-filed suits; and (2) whether divergent standards of review utilized by circuits to evaluate first-to-file challenges contributes to lower courts’ failures to allow independently viable FCA claims to proceed on the merits; (3) whether in the absence of congressional intent, the FCA in any event can displace parallel state-law whistleblower remedies.
|Date||Proceedings and Orders |
|Nov 24 2021||Petition for a writ of certiorari filed. (Response due December 30, 2021)|
|Dec 15 2021||Waiver of right of respondents Goodwin Hospice, LLC; Phoenix Hospice, Inc.; International Tutoring Services, LLC, et al. to respond filed.|
|Dec 16 2021||Waiver of right of respondent Suresh Kumar, R.N. to respond filed.|
|Dec 16 2021||Waiver of right of respondent Vinayaka Associates, L.L.C. to respond filed.|
|Dec 16 2021||Waiver of right of respondent Bryan White to respond filed.|
|Dec 21 2021||Waiver of right of respondent Excel Plus Home Health, Inc. to respond filed.|
|Dec 21 2021||Waiver of right of respondent Be Gentle Home Health, Incorporated, doing business as Phoenix Home Health Care to respond filed.|
|Jan 05 2022||DISTRIBUTED for Conference of 1/21/2022.|
|Jan 19 2022||Response Requested. (Due February 18, 2022)|
|Feb 03 2022||Motion to extend the time to file a response from February 18, 2022 to March 4, 2022, submitted to The Clerk.|
|Feb 04 2022||Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2022, for all respondents.|
|Mar 04 2022||Brief of respondents Goodwin Hospice, LLC, et al. in opposition filed. VIDED.|
|Mar 18 2022||Reply of petitioner Marchand & Rossi, L.L.P., now known as Marchand Law, L.L.P. filed.|
|Mar 23 2022||DISTRIBUTED for Conference of 4/14/2022.|
|Apr 18 2022||Petition DENIED.|
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We're live now on SCOTUSblog's homepage or at https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us: https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/