Supreme Court of the United States · Official docket →
United States, et al., ex rel. Tracy Schutte, et al. v. SuperValu Inc., et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-2241 · judgment August 12, 2021
Decided · June 1, 2023
Pre-decision estimate: 27% cert probability (95% interval 16%–43%)
Before the decision, about 6.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Consolidated with 22-111. The False Claims Act protects government programs from fraud by, inter alia, imposing civil liability on anybody who knowingly presents false claims for payment to the government or makes false statements that are material to such claims. 31 U.S.C. § 3729(a). The statute defines "knowingly" to include acting with: (1) actual knowledge; (2) deliberate ignorance; or (3) reckless disregard of the falsity of information. See id. § 3729(b)(l)(A). The question presented is: Whether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it "knowingly" violated the False Claims Act.
Counsel of record
For petitioner
Tejinder Singh
Sparacino PLLC
For respondent
Carter G. Phillips
Case
Conference history
Distributed for 4 conferences
Amicus briefs
3 cert-stage · 14 merits
(5 supporting pet./neither, 9 respondent)
Argument & decision
Argued April 18, 2023 — Tejinder Singh · Carter G. Phillips. Audio and transcript
Decided June 1, 2023. Opinion by Thomas.
Proceedings
- Jul 03 2023Judgment issued.
- Jun 01 2023Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED.
- Apr 18 2023Argued. For petitioners: Tejinder Singh, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED.
- Apr 07 2023Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed)
- Apr 04 2023Joint appendix filed (statement of cost filed). (Distributed)
- Apr 04 2023Supplemental Joint appendix (under seal ) filed. (Distributed)
- Mar 28 2023Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed)
- Mar 28 2023Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed)
- Mar 28 2023Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed)
- Mar 28 2023Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023)
- Mar 28 2023Brief amici curiae of American Hospital Association, et al. filed. VIDED. (Distributed)
- Mar 28 2023Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed)
- Mar 28 2023Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed)
- Mar 28 2023Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed)
- Mar 28 2023Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed)
- Mar 27 2023Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)
- Mar 24 2023CIRCULATED
- Mar 21 2023Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED
- Mar 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED in part, and the time is divided as follows: 20 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. VIDED.
- Mar 06 2023Motion of respondents for leave to file a supplemental volume of the joint appendix under seal GRANTED. VIDED.
- Mar 03 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED.
- Mar 02 2023Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED.
- Feb 24 2023Brief amicus curiae of United States filed. VIDED
- Feb 24 2023Brief amicus curiae of National Whistleblower Center filed. VIDED
- Feb 24 2023Brief amicus curiae of Senator Charles E. Grassley filed. VIDED.
- Feb 24 2023Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023).
- Feb 24 2023Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Mar. 7, 2023) VIDED.
- Feb 22 2023Brief amici curiae of State of Connecticut, et al. filed. VIDED.
- Feb 17 2023Brief of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED.
- Feb 16 2023The Clerk has approved the filing of the joint appendix using the deferred method pursuant to Rule 26.4. VIDED.
- Feb 16 2023Motion for leave to file a supplemental volume of the joint appendix under seal filed by respondents. VIDED.
- Feb 15 2023Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. VIDED.
- Feb 10 2023Notice of Substitution of Counsel of Record filed. VIDED.
- Feb 09 2023All records from the USCA-7th Circuit are available on PACER. Record request forwarded to the USDC-Central District of Illinois. VIDED.
- Feb 08 2023Record requested from the U.S.C.A.-7th Circuit. VIDED.
- Feb 08 2023Application (22A702) granted by Justice Barrett expanding the word limits to file consolidated briefs on the merits provided that petitioners' brief does not exceed 15,000 words, respondents' brief does not exceed 15,000 words, and the reply brief does not exceed 7,000 words. VIDED.
- Feb 01 2023Joint briefing proposal of the parties filed. VIDED.
- Feb 01 2023Pursuant to the briefing proposal of the parties, the joint appendix and petitioners' brief on the merits are to be filed on or before February 17, 2023; respondents' brief on the merits is to be filed on or before March 21, 2023; and the reply brief is to be filed pursuant to Rule 25.3. VIDED.
- Feb 01 2023Application (22A702) of the parties to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Barrett. VIDED.
- Jan 31 2023SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED.
- Jan 13 2023Petition GRANTED. The petition for a writ of certiorari in No. 22-111 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jan 13 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1326. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1326. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 20 2022Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed)
- Dec 06 2022Brief amicus curiae of United States filed.
- Aug 22 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 06 2022Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed)
- Jun 21 2022Brief of respondents SuperValu, Inc., et al. in opposition filed.
- May 19 2022Brief amicus curiae of Senator Charles E. Grassley filed.
- May 19 2022Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
- May 10 2022Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2022. See Rule 30.1.
- May 09 2022Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk.
- Apr 19 2022Response Requested. (Due May 19, 2022)
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 11 2022Waiver of right of respondent SuperValu, Inc., et al. to respond filed.
- Apr 01 2022Petition for a writ of certiorari filed. (Response due May 5, 2022)
- Feb 24 2022Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022.
- Feb 18 2022Application (21A439) to extend the time to file a petition for a writ of certiorari from March 3, 2022 to April 1, 2022, submitted to Justice Barrett.