Decided
Schindler Elevator Corp. v. US ex rel. Kirk
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 Clarence Thomas on May 16, 2011. Justice Ginsburg wrote a dissenting opinion, which was joined by Justices Breyer and Sotomayor.(Kagan, J., recused).
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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Related Coverage
Jun 23, 2010Application (09A1257) to extend the time to file a petition for a writ of certiorari from July 5, 2010 to August 5, 2010, submitted to Justice Ginsburg.
Jun 24, 2010Application (09A1257) granted by Justice Ginsburg extending the time to file until August 5, 2010.
Aug 5, 2010Petition for a writ of certiorari filed. (Response due September 8, 2010)
Aug 11, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 20, 2010Brief of respondent United States, ex rel. Daniel Kirk in opposition filed.
Aug 31, 2010Reply of petitioner Schindler Elevator Corporation filed.
Aug 31, 2010Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed)
Sep 1, 2010DISTRIBUTED for Conference of September 27, 2010.
Sep 1, 2010Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Sep 28, 2010Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Oct 19, 2010The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2010.
Oct 19, 2010The time to file respondent's brief on the merits is extended to and including January 18, 2011.
Nov 22, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Nov 29, 2010Joint appendix filed. (Statement of costs filed)
Nov 29, 2010Supplemental appendix of Schindler Elevator Corporation filed.
Nov 29, 2010Brief of petitioner Schindler Elevator Corporation filed.
Nov 30, 2010Brief amicus curiae of United Technologies Corporation filed.
Dec 6, 2010Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Dec 6, 2010Brief amicus curiae of Equal Employment Advisory Council filed.
Dec 23, 2010SET FOR ARGUMENT ON Tuesday March 1, 2011
Jan 3, 2011CIRCULATED.
Jan 18, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 18, 2011Brief of respondent Daniel Kirk filed. (Distributed)
Jan 21, 2011Record from the U.S.D.C. for Southern District of New York is electronic.
Jan 24, 2011Record received from U.S.C.A. for Second Circuit. (1 box)
Jan 25, 2011Brief amicus curiae of the United States filed. (Distributed)
Jan 25, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 25, 2011Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
Jan 25, 2011Brief amicus curiae of AARP filed. (Distributed)
Jan 25, 2011Brief amicus curiae of Public Citizen filed. (Distributed)
Feb 17, 2011Reply of petitioner Schindler Elevator Corporation filed. (Distributed)
Feb 18, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Mar 1, 2011Argued. For petitioner: Steven Alan Reiss, New York, N.Y. For respondent: Jonathan A. Willens, New York, N. Y.; and Melissa Arbus Sherry, Assitant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 16, 2011Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. Kagan, J., took no part in the consideration or decision of the case.
Jun 17, 2011JUDGMENT ISSUED.
Jun 17, 2011Record returned to U.S. Court of Appeals Second Circuit.
Jun 17, 2011Record returned to USDC for Southern District of New York.
Recommended Citation: Schindler Elevator Corp. v. US ex rel. Kirk, SCOTUSblog, https://www.scotusblog.com/cases/schindler-elevator-corporation-v-united-states-ex-rel-kirk/