Schindler Elevator Corp. v. US ex rel. Kirk
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 individual’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).
SCOTUSblog Coverage
- This week at the Court: In Plain English (Lisa Tucker, May 19, 2011)
- Opinion analysis: Court restricts use of FOIA in FCA cases (Eric M. Fraser, May 17, 2011)
- New curb on Bivens remedy? (Lyle Denniston, May 16, 2011)
- Argument recap: Court wrestles with the definition of report (Eric M. Fraser, March 3, 2011)
- Argument recap: Court wrestles with the definition of report (Eric M. Fraser, March 3, 2011)
- Argument recap: Court wrestles with the definition of report (Eric M. Fraser, March 3, 2011)
- Argument preview: Can information from a FOIA disclosure support an individual's False Claims Act suit? (Eric M. Fraser, February 27, 2011)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Schindler Elevator Corporation
- Brief for Respondent United States of America Ex Rel. Daniel Kirk
- Reply brief for Petitioner Schindler Elevator Corporation
Amicus Briefs
- Brief for the Chamber of Commerce of the United States of America, American Hospital Association, and Pharmaceutical Research & Manufacturers of America in Support of Reversal
- Brief for the Equal Employment Advisory Council in Support of Reversal
- Brief for the United Technologies Corporation in Support of Neither Party
- Brief for the United States in Support of Respondent
- Brief for Public Citizen in Support of Respondent
- Brief for AARP in Support of Respondent
Certiorari-stage documents
- Opinion below (2d Circuit)
- Petition for certiorari
Merits Briefs
- Brief for Petitioner Schindler Elevator Corporation
- Brief for Respondent United States of America Ex Rel. Daniel Kirk
- Reply brief for Petitioner Schindler Elevator Corporation
Amicus Briefs
- Brief for the Chamber of Commerce of the United States of America, American Hospital Association, and Pharmaceutical Research & Manufacturers of America in Support of Reversal
- Brief for the Equal Employment Advisory Council in Support of Reversal
- Brief for the United Technologies Corporation in Support of Neither Party
- Brief for the United States in Support of Respondent
- Brief for Public Citizen in Support of Respondent
- Brief for AARP in Support of Respondent
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