U.S. Supreme Court

Case Status


Docket Number



2010 Term

Oral Argument Date

March 01, 2011


Questions Presented

Whether a federal agency's response to a Freedom of Information Act request is a "report ... or investigation" within the meaning of the False Claims Act public disclosure bar, 31 U.S.C. § 3730(e)(4).

Case Updates

Supreme Court decides FOIA requests in False Claims Act lawsuits

May 16, 2011

Held: A federal agency’s written response to a FOIA request for records constitutes a “report” within the meaning of the FCA’s public disclosure bar.

U.S. Chamber files amicus brief

December 06, 2010

NCLC urged the Supreme Court to rule that information from a Freedom of Information Act (FOIA) request cannot be leveraged in a False Claims Act (FCA) qui tam action. Relying on information obtained from a FOIA request, a former employee of Schindler Elevator Corporation alleged that the company failed to comply with veteran reporting requirements for federal contractors. In its brief, NCLC argued that FOIA only permits “genuine whistleblowers” with original and valuable information otherwise unavailable to the government to bring qui tam lawsuits. NCLC argued that the Second Circuit’s erroneous decision allows someone with no first-hand knowledge of fraud who merely obtains publicly available information from the government’s own records to litigate an FCA action on behalf of the United States—and assert the entitlement to tens of millions of dollars for doing so, as occurred here.

Cert. petition granted

September 28, 2010

U.S. Chamber urges Supreme Court to review FOIA requests in False Claims Act lawsuits

September 01, 2010

Click here to view the Chamber's brief.

Case Documents