U.S. Supreme Court

Case Status


Docket Number



Cert. Denied


Questions Presented

Whether Section 3729(a)(1)(B) of the False Claims Act applies retroactively to cases pending on or after June 7, 2008, where no allegedly false claim for payment was pending on or after that date.

Case Updates

Cert. petition denied

June 24, 2013

U.S. Chamber files amicus brief in support of cert.

April 01, 2013

The U.S. Chamber urged the Supreme Court to grant the petition for a writ of certiorari and resolve important questions raised by the Sixth Circuit's decision. The Chamber argued in its amicus brief that this case presents statutory and constitutional issues that affect myriad FCA cases implicating billions of dollars in potential liability. Additionally, the Chamber argued that this case presents an opportunity for the Court to provide much-needed guidance to lower courts on the FCA’s punitive nature. Lower courts reviewing the constitutionality of retroactive amendments to the FCA have struggled to interpret this Court’s previous statements on that subject. The Chamber pointed out that the absence of clear guidance from the Supreme Court has become increasingly problematic as States continue to enact retoractive statutes modeled after the FCA.

Case Documents