|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-188||2d Cir.||Mar 1, 2011||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 individualâ€™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).