Supreme Court of the United States · Official docket →
Steven Zorn, et al. v. Stephen B. Grant, on Behalf of the United States and the State of Iowa, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3481, 22-3591 · judgment July 8, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and an Eighth Circuit decision below.
Question presented
The public disclosure bar of the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., forecloses a qui tam FCA action or claim if “substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed.” 31 U.S.C. § 3730(e)(4)(A). Ten circuits—the First, Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh, and D.C. Circuits—apply the statute as written and hold that the public disclosure bar is triggered if the disclosure identifies substantially the same transactions as the ones at issue in the FCA suit. But two circuits—the Seventh and Eighth Circuits—require the disclosure to additionally contain an express allegation of fraud. The question presented is: Whether the public disclosure bar requires an express allegation of fraud. (i)
Counsel of record
For petitioner
Jessica Lynn Ellsworth
Hogan Lovells US, LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 23 2025Petition DENIED.
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 02 2025Reply of petitioners Steven Zorn, et al. filed. (Distributed)
- May 16 2025Brief of respondent Stephen B. Grant in opposition filed.
- Apr 30 2025Response Requested. (Due May 30, 2025)
- Apr 29 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 15 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Apr 11 2025Brief of respondent United States in opposition filed. VIDED.
- Apr 08 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2025.
- Apr 07 2025Motion to extend the time to file a response from April 9, 2025 to April 11, 2025, submitted to The Clerk.
- Mar 05 2025Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2025.
- Mar 04 2025Motion to extend the time to file a response from March 10, 2025 to April 9, 2025, submitted to The Clerk.
- Mar 03 2025Waiver of right of respondent Stephen B. Grant to respond filed.
- Feb 05 2025Petition for a writ of certiorari filed. (Response due March 10, 2025)
- Dec 18 2024Application (24A594) granted by Justice Kavanaugh extending the time to file until February 6, 2025.
- Dec 13 2024Application (24A594) to extend the time to file a petition for a writ of certiorari from January 7, 2025 to February 6, 2025, submitted to Justice Kavanaugh.