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U.S. ex rel. Proctor v. Safeway, Inc.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
22-111 7th Cir. Apr 18, 2023
Jun 1, 2023 9-0 Thomas OT 2022

Holding: The False Claims Act’s scienter element—which asks whether a defendant “knowingly” submitted a “false” claim to the government—refers to a defendant’s knowledge and subjective beliefs, not to what an objectively reasonable person may have known or believed.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on June 1, 2023.

DateProceedings and Orders (key to color coding)
Jun 23 2022Application (21A861) to extend the time to file a petition for a writ of certiorari from July 4, 2022 to August 3, 2022, submitted to Justice Barrett.
Jun 30 2022Application (21A861) granted by Justice Barrett extending the time to file until August 3, 2022.
Aug 03 2022Petition for a writ of certiorari filed. (Response due September 6, 2022)
Aug 29 2022Motion to extend the time to file a response from September 6, 2022 to October 6, 2022, submitted to The Clerk.
Aug 30 2022Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2022.
Sep 23 2022Motion to extend the time to file a response from October 6, 2022 to November 7, 2022, submitted to The Clerk.
Sep 26 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022.
Nov 07 2022Brief of respondent Safeway, Inc. in opposition filed.
Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
Nov 22 2022Reply of petitioner United States, ex rel. Thomas Proctor filed. (Distributed)
Nov 30 2022Rescheduled.
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. 21-1326 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 08 2023Record requested from the U.S.C.A.-7th Circuit. 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.
Mar 02 2023Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED.
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.
Jun 01 2023Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED.
Jul 03 2023Judgment issued.