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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: 13% cert probability (95% interval 8%–22%)

Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents, and down for a business respondent.

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

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 5 conferences

Order
Order list, June 30, 2023 · Summary disposition

Proceedings

  1. Aug 01 2023
    Judgment issued.
    Main Document
  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)
    Main DocumentProof of ServiceCertificate of Word Count
  9. Jan 20 2023
    Brief of respondents Arriva Medical, LLC, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  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.
    Main Document
  12. Oct 18 2022
    Petition for a writ of certiorari filed. (Response due November 21, 2022)
    PetitionAppendixProof of ServiceCertificate of Word Count