Supreme Court of the United States · Official docket →
Omni Healthcare, Inc. v. U.S. Oncology, Inc.
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1334 · judgment November 12, 2024
Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a business respondent.
Questions presented
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Is a qui tam relator barred by the “public disclosure” of its own prior complaint? No other circuit court has so held.
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Does the public-disclosure bar apply to the unsealing of a first-filed complaint after the relator filed its first complaint, but before it re-filed its second complaint? No other circuit court has so held.
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Was the Second Circuit correct in interpreting the False Claims Act in a way that bars any relator from being an “original source”? Other circuit courts have expressly interpreted the act to hold the opposite.
Counsel of record
For petitioner
George Fortune Carpinello
BOIES SCHILLER FLEXNER LLP
For respondent
Mark W. Mosier
Covington & Burling, LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 19, 2025 · Certiorari denied
Proceedings
- May 19 2025Petition DENIED.
- Apr 29 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 23 2025Waiver of right of respondent U.S. Oncology, Inc. to respond filed.
- Mar 27 2025Petition for a writ of certiorari filed. (Response due April 30, 2025)