U.S. ex rel. Schutte v. SuperValu Inc.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1326 | 7th Cir. | Apr 18, 2023 | Jun 1, 2023 | 9-0 | Thomas | OT 2022 |
Holding: The False Claims Act's scienter element " which asks whether a defendant "knowingly" submitted a "false" claim to the government " refers to a defendant"s knowledge and subjective beliefs " not to what an objectively reasonable person may have known or believed.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on June 1, 2023.
SCOTUSblog Coverage
- Supreme Court maintains focus on defendants subjective beliefs in False Claims Act cases (Jacob T. Elberg, June 1, 2023)
- The court appears likely to preserve theory of liability in False Claims Act cases (Jacob T. Elberg, April 20, 2023)
- Justices will consider false claims in two pharmacy cases (Jacob T. Elberg, April 14, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
- In lawsuit against Google involving ISIS recruitment videos, a chance for the court to take up Section 230 (Andrew Hamm, April 22, 2022)
| Date | Proceedings and Orders |
|---|---|
| 02/18/2022 | Application (21A439) to extend the time to file a petition for a writ of certiorari from March 3, 2022 to April 1, 2022, submitted to Justice Barrett. |
| 02/24/2022 | Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022. |
| 04/01/2022 | Petition for a writ of certiorari filed. (Response due May 5, 2022) |
| 04/11/2022 | Waiver of right of respondent SuperValu, Inc., et al. to respond filed. |
| 04/13/2022 | DISTRIBUTED for Conference of 4/29/2022. |
| 04/19/2022 | Response Requested. (Due May 19, 2022) |
| 05/09/2022 | Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk. |
| 05/10/2022 | Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2022. See Rule 30.1. |
| 05/19/2022 | Brief amicus curiae of Senator Charles E. Grassley filed. |
| 05/19/2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| 06/21/2022 | Brief of respondents SuperValu, Inc., et al. in opposition filed. |
| 07/06/2022 | DISTRIBUTED for Conference of 9/28/2022. |
| 07/06/2022 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed) |
| 08/22/2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/06/2022 | Brief amicus curiae of United States filed. |
| 12/20/2022 | Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed) |
| 12/21/2022 | DISTRIBUTED for Conference of 1/6/2023. |
| 01/09/2023 | DISTRIBUTED for Conference of 1/13/2023. |
| 01/13/2023 | Petition GRANTED. The petition for a writ of certiorari in No. 22-111 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| 01/13/2023 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1326. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1326. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 01/31/2023 | SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED. |
| 02/01/2023 | Joint briefing proposal of the parties filed. VIDED. |
| 02/01/2023 | Pursuant to the briefing proposal of the parties, the joint appendix and petitioners' brief on the merits are to be filed on or before February 17, 2023; respondents' brief on the merits is to be filed on or before March 21, 2023; and the reply brief is to be filed pursuant to Rule 25.3. VIDED. |
| 02/01/2023 | Application (22A702) of the parties to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Barrett. VIDED. |
| 02/08/2023 | Record requested from the U.S.C.A.-7th Circuit. VIDED. |
| 02/08/2023 | Application (22A702) granted by Justice Barrett expanding the word limits to file consolidated briefs on the merits provided that petitioners' brief does not exceed 15,000 words, respondents' brief does not exceed 15,000 words, and the reply brief does not exceed 7,000 words. VIDED. |
| 02/09/2023 | All records from the USCA-7th Circuit are available on PACER. Record request forwarded to the USDC-Central District of Illinois. VIDED. |
| 02/10/2023 | Notice of Substitution of Counsel of Record filed. VIDED. |
| 02/15/2023 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. VIDED. |
| 02/16/2023 | The Clerk has approved the filing of the joint appendix using the deferred method pursuant to Rule 26.4. VIDED. |
| 02/16/2023 | Motion for leave to file a supplemental volume of the joint appendix under seal filed by respondents. VIDED. |
| 02/17/2023 | Brief of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. |
| 02/22/2023 | Brief amici curiae of State of Connecticut, et al. filed. VIDED. |
| 02/24/2023 | Brief amicus curiae of United States filed. VIDED |
| 02/24/2023 | Brief amicus curiae of National Whistleblower Center filed. VIDED |
| 02/24/2023 | Brief amicus curiae of Senator Charles E. Grassley filed. VIDED. |
| 02/24/2023 | Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023). |
| 02/24/2023 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Mar. 7, 2023) VIDED. |
| 03/02/2023 | Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED. |
| 03/03/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED. |
| 03/06/2023 | Motion of respondents for leave to file a supplemental volume of the joint appendix under seal GRANTED. VIDED. |
| 03/20/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED in part, and the time is divided as follows: 20 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. VIDED. |
| 03/21/2023 | Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED |
| 03/24/2023 | CIRCULATED |
| 03/27/2023 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed) |
| 03/28/2023 | Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023) |
| 03/28/2023 | Brief amici curiae of American Hospital Association, et al. filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed) |
| 03/28/2023 | Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed) |
| 04/04/2023 | Joint appendix filed (statement of cost filed). (Distributed) |
| 04/04/2023 | Supplemental Joint appendix (under seal ) filed. (Distributed) |
| 04/07/2023 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed) |
| 04/18/2023 | Argued. For petitioners: Tejinder Singh, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED. |
| 06/01/2023 | Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED. |
| 07/03/2023 | Judgment issued. |