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Troy Olhausen v. Arriva Medical, LLC, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10366 · judgment April 22, 2022


GVR'd · June 30, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a False Claims Act defendant alleged to have “knowingly” violated a provision of federal law can escape liability by articulating, after the fact, an objectively reasonable interpretation of the provision under which its conduct would have been lawful.

Counsel of record

For petitioner
Stephen F. Rosenthal
Podhurst Orseck, PA

For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP

Case

Conference history
Distributed for 5 conferences

Proceedings

  1. Aug 01 2023
    Judgment issued.
  2. Jun 30 2023
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States ex rel. Schutte v. Supervalu Inc., 598 U. S. ___ (2023). Justice Alito took no part in the consideration or decision of this petition.
  3. Jun 29 2023
    DISTRIBUTED for Conference of 6/29/2023.
  4. Jun 20 2023
    DISTRIBUTED for Conference of 6/22/2023.
  5. Jun 12 2023
    DISTRIBUTED for Conference of 6/15/2023.
  6. Jun 05 2023
    DISTRIBUTED for Conference of 6/8/2023.
  7. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  8. Feb 07 2023
    Reply of petitioner Troy Olhausen filed. (Distributed)
  9. Jan 20 2023
    Brief of respondents Arriva Medical, LLC, et al. in opposition filed.
  10. Nov 15 2022
    Motion to extend the time to file a response is granted and the time is extended to and including January 20, 2023.
  11. Nov 11 2022
    Motion to extend the time to file a response from November 21, 2022 to January 20, 2023, submitted to The Clerk.
  12. Oct 18 2022
    Petition for a writ of certiorari filed. (Response due November 21, 2022)