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SCHINDLER ELEVATOR CORP. v. UNITED STATES, EX REL. KIRK

Docket No.: 10-188
Certiorari Granted: 09/28/10
Argued: March 1, 2011
Decided: 05/16/11

Topics:

Civil Procedure, FOIA, False Claims Act, First Amendment, Freedom of Information Act, Privacy Act, antitrust

PartyNames: Schindler Elevator Corporation v. United States, ex rel. Daniel Kirk
Petitioner: Schindler Elevator Corporation
Respondent: United States, ex rel. Daniel Kirk

Court Below: United States Court of Appeals for the Second Circuit
Citation: 601 F.3d 94

Schindler Elevator Corporation
v.
United States, ex rel. Daniel Kirk
Question Presented:

Whether a federal agency's response to a Freedom of Information Act request is a "report ... or investigation" within the meaning of the False Claims Act public disclosure bar, 31 U.S.C. ยง 3730(e)(4).

Question:

May a whistleblower use information obtained through FOIA to allege violations of the federal False Claims Act by a government contractor?

Note:

JUSTICE KAGAN TOOK NO PART

SCHINDLER ELEVATOR CORP. v. UNITED STATES, EX REL. KIRK
ORAL ARGUMENT

03/01/11

Listen to Oral Argument in SCHINDLER ELEVATOR CORP. v. UNITED STATES, EX REL. KIRK
Holding: reversed and remanded
Vote: 5-3
Recused: J.,
Opinion By:
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