|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-1440||4th Cir.||N/A||N/A||N/A||N/A||OT 2015|
Issue: (1) Whether a contractor’s knowing failure to comply with a contractual, statutory, or regulatory provision, without payment being conditioned on that provision, results in a false claim that violates Section 3729(a)(1)(A) of the False Claims Act under the “implied certification” theory of liability; (2) whether “implied certification” is a valid theory of liability under Section 3729(a)(1)(A) of the False Claims Act; and (3) whether, given Federal Rule of Civil Procedure 9(b)’s requirement that all fraud claims be pleaded with particularity, a “false record or statement” claim under Section 3729(a)(1)(B) of the False Claims Act obliges a plaintiff to plead actual reliance by the government on the false record or statement in question.
|Date||Proceedings and Orders |
|Jun 5 2015||Petition for a writ of certiorari filed. (Response due July 8, 2015)|
|Jul 1 2015||Order extending time to file response to petition to and including August 7, 2015.|
|Jul 8 2015||Brief amici curiae of The National Defense Industrial Association, et al. filed.|
|Jul 28 2015||Order further extending time to file response to petition to and including September 8, 2015, for all respondents.|
|Sep 8 2015||Brief of respondent United States in opposition filed.|
|Sep 8 2015||Brief of respondent Omar Badr in opposition filed.|
|Sep 22 2015||Reply of petitioner Triple Canopy, Inc. filed.|
|Sep 23 2015||DISTRIBUTED for Conference of October 9, 2015.|
|Sep 30 2015||Rescheduled.|
|Oct 21 2015||DISTRIBUTED for Conference of November 6, 2015.|
|Nov 9 2015||DISTRIBUTED for Conference of November 13, 2015.|
|Nov 16 2015||DISTRIBUTED for Conference of November 24, 2015.|
|Nov 30 2015||DISTRIBUTED for Conference of December 4, 2015.|
|Jun 20 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. ___ (2016).|
|Jul 29 2016||JUDGMENT ISSUED|
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
The Supreme Court has rescinded its COVID-related orders related to filing, but no word on resuming in-person oral arguments in October.
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