Breaking News

U.S. ex rel. Schutte v. SuperValu Inc.

Share

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21-1326 7th Cir. Apr 18, 2023
 TBD TBD TBD OT 2022

Issue: Whether and when a defendant’s contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it “knowingly” violated the False Claims Act.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 18 2022Application (21A439) to extend the time to file a petition for a writ of certiorari from March 3, 2022 to April 1, 2022, submitted to Justice Barrett.
Feb 24 2022Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022.
Apr 01 2022Petition for a writ of certiorari filed. (Response due May 5, 2022)
Apr 11 2022Waiver of right of respondent SuperValu, Inc., et al. to respond filed.
Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
Apr 19 2022Response Requested. (Due May 19, 2022)
May 09 2022Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk.
May 10 2022Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2022. See Rule 30.1.
May 19 2022Brief amicus curiae of Senator Charles E. Grassley filed.
May 19 2022Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Jun 21 2022Brief of respondents SuperValu, Inc., et al. in opposition filed.
Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
Jul 06 2022Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed)
Aug 22 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 06 2022Brief amicus curiae of United States filed.
Dec 20 2022Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed)
Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023Petition GRANTED. The petition for a writ of certiorari in No. 22-111 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 13 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1326. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1326. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 31 2023SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED.
Feb 01 2023Joint briefing proposal of the parties filed. VIDED.
Feb 01 2023Pursuant to the briefing proposal of the parties, the joint appendix and petitioners' brief on the merits are to be filed on or before February 17, 2023; respondents' brief on the merits is to be filed on or before March 21, 2023; and the reply brief is to be filed pursuant to Rule 25.3. VIDED.
Feb 01 2023Application (22A702) of the parties to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Barrett. VIDED.
Feb 08 2023Record requested from the U.S.C.A.-7th Circuit. VIDED.
Feb 08 2023Application (22A702) granted by Justice Barrett expanding the word limits to file consolidated briefs on the merits provided that petitioners' brief does not exceed 15,000 words, respondents' brief does not exceed 15,000 words, and the reply brief does not exceed 7,000 words. VIDED.
Feb 09 2023All records from the USCA-7th Circuit are available on PACER. Record request forwarded to the USDC-Central District of Illinois. VIDED.
Feb 10 2023Notice of Substitution of Counsel of Record filed. VIDED.
Feb 15 2023Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. VIDED.
Feb 16 2023The Clerk has approved the filing of the joint appendix using the deferred method pursuant to Rule 26.4. VIDED.
Feb 16 2023Motion for leave to file a supplemental volume of the joint appendix under seal filed by respondents. VIDED.
Feb 17 2023Brief of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED.
Feb 22 2023Brief amici curiae of State of Connecticut, et al. filed. VIDED.
Feb 24 2023Brief amicus curiae of United States filed. VIDED
Feb 24 2023Brief amicus curiae of National Whistleblower Center filed. VIDED
Feb 24 2023Brief amicus curiae of Senator Charles E. Grassley filed. VIDED.
Feb 24 2023Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023).
Feb 24 2023Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Mar. 7, 2023) VIDED.
Mar 02 2023Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED.
Mar 03 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED.
Mar 06 2023Motion of respondents for leave to file a supplemental volume of the joint appendix under seal GRANTED. VIDED.
Mar 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED in part, and the time is divided as follows: 20 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. VIDED.
Mar 21 2023Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED
Mar 24 2023CIRCULATED
Mar 27 2023Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)
Mar 28 2023Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed)
Mar 28 2023Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed)
Mar 28 2023Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed)
Mar 28 2023Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023)
Mar 28 2023Brief amici curiae of American Hospital Association, et al. filed. VIDED. (Distributed)
Mar 28 2023Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed)
Mar 28 2023Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed)
Mar 28 2023Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed)
Mar 28 2023Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed)
Apr 04 2023Joint appendix filed (statement of cost filed). (Distributed)
Apr 04 2023Supplemental Joint appendix (under seal ) filed. (Distributed)
Apr 07 2023Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed)
Apr 18 2023Argued. For petitioners: Tejinder Singh, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED.