Schindler Elevator Corp. v. United States ex rel. Kirk - Post-Argument SCOTUScast

On March 1, 2011, the Supreme Court heard oral argument in Schindler Elevator Corp. v. United States ex rel. Kirk, a case involving the False Claims Act. In general, the False Claims Act authorizes private individuals who discover fraud against the United States to sue on its behalf. If prosecution of the case is successful, the Act allows the individual to recover a portion of the damages and penalties imposed on the defrauder. There is, however, a notable exception to the general rule: the Act does not permit a private individual to sue based on information that was previously disclosed in a government "report" or "investigation" unless the individual was the original source of that information. The question in this case is whether alleged fraud disclosed in a federal agency's response to a Freedom of Information Act request falls within the government "report" or "investigation" bar to suit.

To discuss the case, we have Elizabeth P. Papez, who is a partner at Winston & Strawn LLP.

[Return to the SCOTUScast menu]