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Bud Conyers v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20227 · judgment July 16, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing one or two dissents.

Question presented

After the Government intervenes in a False Claims Act (“FCA”) case, is the whistleblower “relator” entitled to 15%-25% of the “proceeds of the action,” as 31 U.S.C. § 3730(d)(1) clearly states, or can the Government deprive the whistleblower of this statutory “relator’s share,” whenever it wants, by writing up a “Covered Conduct” release in a settlement agreement and then asserting that there are differences between this “Covered Conduct” and what the whistleblower alleged— even when the settlement agreement releases the whistleblower’s claims, as well? In short, can the Government unilaterally gut the whistleblower provisions at the heart of the FCA, at will, as the decision below authorizes?

Counsel of record

For petitioner
Victor Aronoff Kubli
Grayson & Kubli, P.C.

For respondent
Sarah M. Harris
Acting Solicitor General

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, February 24, 2025 · Certiorari denied

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Jan 29 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 27 2025
    Waiver of right of respondent United States of America to respond filed.
  4. Dec 19 2024
    Petition for a writ of certiorari filed. (Response due February 3, 2025)