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Allison Engine Co. v. United States ex rel. Sanders

Docket No.: 07-214
Certiorari Granted: 10/29/2007
Argued: February 26, 2008
Decided: June 9, 2008

Topics:

Civil Procedure, False Claims Act, Medicaid, Medicare

PartyNames: Allison Engine Company, Inc., et al. v. United States, ex rel. Roger L. Sanders and Roger L. Thacker
Petitioner: Allison Engine Company, Inc., et al.
Respondent: United States, ex rel. Roger L. Sanders and Roger L. Thacker

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 471 F3d 610
Supreme Court Docket

Allison Engine Company, Inc., et al.
v.
United States, ex rel. Roger L. Sanders and Roger L. Thacker
553 U.S. 662 (2008)
Question Presented:

QUESTION PRESENTED Sections 3729(a)(2) and 3729(a)(3) of the False Claims Act impose liability upon anyone who uses a "false record or statement to get a false or fraudulent claim paid or approved by the Government" or who "conspires to defraud the Government by getting a false or fraudulent claim allowed or paid." 31 U.S.C. 3729(a)(2), (a)(3). In direct conflict with the decisions of four other circuits, the Sixth Circuit held that Sections 3729(a)(2) and 3729(a)(3) "cover[] false claims made to parties other than the government so long as the claim will be paid with government funds." The question presented is whether a plaintiff asserting a cause of action under Section 3729(a)(2) or Section 3729(a)(3) of the False Claims Act is required to prove that a false claim was submitted to the federal government, or whether it is sufficient to establish that the claim was paid using federal funds.

Question:

Must whistleblower claimants prove that a private company directly presented a fraudulent bill to the government in order to prevail in a False Claims Act case?

Allison Engine Co. v. United States ex rel. Sanders
ORAL ARGUMENT

February 26, 2008

Holding: vacated and remanded
Vote: 9-0
Majority: unanimous
Opinion By:

Allison Engine Co. v. United States ex rel. Sanders
Case Documents

1Allison Engine Co. v. Sanders Oral Argument Transcript (HTML)
2Allison Engine Co. v. Sanders Oral Argument Transcript
3Slip Opinion in Allison Engine Co. v. Sanders (Opinion by Justice Samuel Anthony Alito, Jr.)
Additional documents for this case are pending review.