|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-513||5th Cir.||Nov 1, 2016||Dec 6, 2016||8-0||Kennedy||OT 2016|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: A seal violation does not mandate dismissal of a relator's complaint under the False Claims Act.
Judgment: Affirmed, 8-0, in an opinion by Justice Kennedy on December 6, 2016.
|Date||Proceedings and Orders |
|Oct 20 2015||Petition for a writ of certiorari filed. (Response due November 20, 2015)|
|Nov 20 2015||Brief of respondents United States, ex rel. Cori Rigsby, et al. in opposition filed.|
|Nov 20 2015||Brief amicus curiae of The American Tort Reform Association filed.|
|Nov 20 2015||Brief amicus curiae of The Academy Advisors filed.|
|Nov 20 2015||Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.|
|Nov 20 2015||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Nov 20 2015||Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.|
|Nov 30 2015||Reply of petitioner State Farm Fire and Casualty Company filed.|
|Dec 02 2015||DISTRIBUTED for Conference of January 8, 2016.|
|Jan 11 2016||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Apr 15 2016||Brief amicus curiae of United States filed.|
|Apr 25 2016||Supplemental brief of petitioner State Farm Fire and Casualty Company filed.|
|May 03 2016||DISTRIBUTED for Conference of May 19, 2016.|
|May 23 2016||DISTRIBUTED for Conference of May 26, 2016.|
|May 31 2016||Petition GRANTED limited to Question 1 presented by the petition.|
|Jun 17 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 29, 2016.|
|Jun 17 2016||The time to file respondents' brief on the merits is extended to and including September 12, 2016.|
|Jul 22 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.|
|Jul 29 2016||Joint appendix filed. (3 volumes).|
|Jul 29 2016||Brief of petitioner State Farm Fire and Casualty Company filed.|
|Jul 29 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Aug 05 2016||Brief amici curiae of The American Tort Reform Association, et al. filed.|
|Aug 05 2016||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Aug 05 2016||Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.|
|Aug 05 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Aug 05 2016||Brief amicus curiae of Coalition for Government Procurement filed.|
|Aug 05 2016||Brief amicus curiae of DRI-The Voice of the Defense Bar filed.|
|Sep 02 2016||SET FOR ARGUMENT On Tuesday, November 1, 2016|
|Sep 09 2016||Record has been requested from the U.S.C.A. 5th Circuit.|
|Sep 12 2016||Brief of respondents United States, ex rel. Cori Rigsby, et al. filed.|
|Sep 19 2016||Brief amicus curiae of United States filed.|
|Sep 19 2016||Brief amicus curiae of National Whistleblower Center filed.|
|Sep 19 2016||Received from the U.S.D.C. Southern Dist. of Mississippi. (7 Boxes) a portion of the record is SEALED.|
|Sep 19 2016||Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.|
|Sep 19 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 28 2016||CIRCULATED|
|Oct 11 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 12 2016||Reply of petitioner State Farm Fire and Casualty Company filed. (Distributed)|
|Nov 01 2016||Argued. For petitioner: Kathleen M. Sullivan, New York, N. Y. For respondents: Tejinder Singh, Bethesda, Md.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Dec 06 2016||Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion for a unanimous Court.|
|Jan 09 2017||JUDGMENT ISSUED.|
|Aug 07 2017||Record from the U.S.D.C. Southern District of Mississippi has been returned.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).