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 defendant’s 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 |
|---|---|
| Feb 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. |
| Feb 24 2022 | Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022. |
| Apr 01 2022 | Petition for a writ of certiorari filed. (Response due May 5, 2022) |
| Apr 11 2022 | Waiver of right of respondent SuperValu, Inc., et al. to respond filed. |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| Apr 19 2022 | Response Requested. (Due May 19, 2022) |
| May 09 2022 | Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk. |
| May 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. |
| May 19 2022 | Brief amicus curiae of Senator Charles E. Grassley filed. |
| May 19 2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| Jun 21 2022 | Brief of respondents SuperValu, Inc., et al. in opposition filed. |
| Jul 06 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Jul 06 2022 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed) |
| Aug 22 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 06 2022 | Brief amicus curiae of United States filed. |
| Dec 20 2022 | Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed) |
| Dec 21 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 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. |
| Jan 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.” |
| Jan 31 2023 | SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED. |
| Feb 01 2023 | Joint briefing proposal of the parties filed. VIDED. |
| Feb 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. |
| Feb 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. |
| Feb 08 2023 | Record requested from the U.S.C.A.-7th Circuit. VIDED. |
| Feb 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. |
| Feb 09 2023 | All records from the USCA-7th Circuit are available on PACER. Record request forwarded to the USDC-Central District of Illinois. VIDED. |
| Feb 10 2023 | Notice of Substitution of Counsel of Record filed. VIDED. |
| Feb 15 2023 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. VIDED. |
| Feb 16 2023 | The Clerk has approved the filing of the joint appendix using the deferred method pursuant to Rule 26.4. VIDED. |
| Feb 16 2023 | Motion for leave to file a supplemental volume of the joint appendix under seal filed by respondents. VIDED. |
| Feb 17 2023 | Brief of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. |
| Feb 22 2023 | Brief amici curiae of State of Connecticut, et al. filed. VIDED. |
| Feb 24 2023 | Brief amicus curiae of United States filed. VIDED |
| Feb 24 2023 | Brief amicus curiae of National Whistleblower Center filed. VIDED |
| Feb 24 2023 | Brief amicus curiae of Senator Charles E. Grassley filed. VIDED. |
| Feb 24 2023 | Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023). |
| Feb 24 2023 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Mar. 7, 2023) VIDED. |
| Mar 02 2023 | Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED. |
| Mar 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. |
| Mar 06 2023 | Motion of respondents for leave to file a supplemental volume of the joint appendix under seal GRANTED. VIDED. |
| Mar 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. |
| Mar 21 2023 | Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED |
| Mar 24 2023 | CIRCULATED |
| Mar 27 2023 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed) |
| Mar 28 2023 | Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023) |
| Mar 28 2023 | Brief amici curiae of American Hospital Association, et al. filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed) |
| Mar 28 2023 | Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed) |
| Apr 04 2023 | Joint appendix filed (statement of cost filed). (Distributed) |
| Apr 04 2023 | Supplemental Joint appendix (under seal ) filed. (Distributed) |
| Apr 07 2023 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed) |
| Apr 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. |
| Jun 01 2023 | Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED. |
| Jul 03 2023 | Judgment issued. |
