U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether the False Claims Act’s pre-2010 “public- disclosure bar,” 31 U.S.C. § 3730(e)(4) (2009), prohibits claims that are “substantially similar” to prior public disclosures, or instead bars a claim only if the plaintiff’s knowledge “actually derives” from prior disclosures.

2. Whether the False Claims Act’s “first-to-file” bar, 31 U.S.C. § 3730(b)(5), precludes a later-filed action that is based on the same facts as an earlier-filed action only so long as the earlier case is still pending.

3. Whether the Wartime Suspension of Limitations Act, 18 U.S.C. § 3287, suspends the limitations period for civil claims, such as a False Claims Act claim brought by a private party.

Case Updates

Cert. petition denied

June 01, 2015

U.S. Chamber files amicus brief

April 24, 2014

In the coalition brief, the Chamber asked the U.S. Supreme Court to review Fourth Circuit’s holdings which have undermined the limits to qui tam litigation under the False Claims Act (“FCA”). The brief argues that by dismantling these essential protections, the Fourth Circuit has invited relators with only derived knowledge of the allegations to file and refile meritless complaints. This has caused considerable uncertainty and imposed substantial litigation costs on businesses operating in the health-care, defense-contracting, and financial-services industries, all of which are frequent targets of relators under the FCA. The brief points out that the Fourth Circuit’s misconstruction of the FCA undermines the carefully balanced statutory scheme adopted by Congress to incentivize would-be whistleblowers to bring alleged fraud to the government’s attention quickly.

This brief was filed jointly with the Pharmaceutical Research and Manufacturers of America and the Biotechnology Industry Organization.

Douglas Hallward-Driemer of Ropes & Gray LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

Case Documents