Schindler Elevator Corp. v. US ex rel. Kirk

Holding: A federal agency's written response to a FOIA request for records is a "report" within the meaning of the disclosure bar of the False Claims Act. (Kagan, J., recused).

Plain English Holding: A private plaintiff may not sue a government contractor under the False Claims Act (which provides a bounty for private litigants who prove fraud against the government by government contractors) based on fraud that had already been disclosed by the government in response to a request under the Freedom of Information Act, which generally requires the government to disclose documents in its possession in response to an individual’s request.

Judgment: Reversed, 5-3, in an opinion by Justice Thomas on May 16, 2011. Justice Ginsburg wrote a dissenting opinion, which was joined by Justices Breyer and Sotomayor.(Kagan, J., recused).

Briefs and Documents

Merits Briefs

• Brief for Petitioner Schindler Elevator Corporation
• Brief for Respondent United States of America Ex Rel. Daniel Kirk
• Reply brief for Petitioner Schindler Elevator Corporation

Amicus Briefs

• Brief for the Chamber of Commerce of the United States of America, American Hospital Association, and Pharmaceutical Research & Manufacturers of America in Support of Reversal
• Brief for the Equal Employment Advisory Council in Support of Reversal
• Brief for the United Technologies Corporation in Support of Neither Party
• Brief for the United States in Support of Respondent
• Brief for Public Citizen in Support of Respondent
• Brief for AARP in Support of Respondent

Certiorari-stage documents

• Opinion below (2d Circuit)
• Petition for certiorari
• Brief in opposition (unavailable)
• Amicus brief for the Equal Employment Advisory Council (unavailable)
• Amicus brief for the Chamber of Commerce of the United States of America (unavailable)