Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Schindler Elevator Corp. v. US ex rel. Kirk

Docket No. Op. Below Argument Opinion Vote Author Term
10-188 2d Cir. Mar 1, 2011
Tr.Aud.
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).

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