Supreme Court of the United States · Official docket →
United States, ex rel. Mark J. O'Connor, et al. v. USCC Wireless Investment, Inc., et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-7044 · judgment February 11, 2025
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a D.C. Circuit decision below, and counsel with five or more prior petitions here, and down for a business respondent.
Questions presented
-
Whether the D.C. Circuit erred by requiring plaintiffs to anticipate and negate in their complaint a False Claims Act affirmative defense, in direct conflict with Cunningham v. Cornell University, 145 S. Ct. 1020 (2025), and basic principles of civil procedure.
-
Whether a False Claims Act plaintiff’s independent knowledge that prompts a multi-year fraud investigation “materially adds” to what is publicly disclosed under 31 U.S.C. § 3730(e)(4)(B), or whether it must be so substantial it is likely to prompt the government to intervene and prosecute the fraud, as the D.C. Circuit held, deepening a conflict among the federal courts of appeals.
Counsel of record
For petitioner
Daniel Hirotsu Woofter
Russell & Woofter LLC
For respondent
Kwaku Affawua Akowuah
Sidley Austin LLP
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 10 2025Reply of petitioners United States, ex rel. Mark J. O'Connor, et al. filed. (Distributed)
- Nov 26 2025Brief of respondents USCC Wireless Investment, Inc., et al. in opposition filed.
- Oct 15 2025Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2025, for all respondents.
- Oct 14 2025Motion to extend the time to file a response from October 27, 2025 to November 26, 2025, submitted to The Clerk.
- Sep 25 2025Response Requested. (Due October 27, 2025)
- Sep 17 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 09 2025Waiver of right of respondent Wireless Investment, Inc., et al. to respond filed.
- Sep 05 2025Petition for a writ of certiorari filed. (Response due October 9, 2025)
- Jul 02 2025Application (25A9) granted by The Chief Justice extending the time to file until September 5, 2025.
- Jun 27 2025Application (25A9) to extend the time to file a petition for a writ of certiorari from July 7, 2025 to September 5, 2025, submitted to The Chief Justice.