U.S. ex rel. Proctor v. Safeway, Inc.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-111 | 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)
- Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation (Kalvis Golde, August 26, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jun 23 2022 | Application (21A861) to extend the time to file a petition for a writ of certiorari from July 4, 2022 to August 3, 2022, submitted to Justice Barrett. |
| Jun 30 2022 | Application (21A861) granted by Justice Barrett extending the time to file until August 3, 2022. |
| Aug 03 2022 | Petition for a writ of certiorari filed. (Response due September 6, 2022) |
| Aug 29 2022 | Motion to extend the time to file a response from September 6, 2022 to October 6, 2022, submitted to The Clerk. |
| Aug 30 2022 | Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2022. |
| Sep 23 2022 | Motion to extend the time to file a response from October 6, 2022 to November 7, 2022, submitted to The Clerk. |
| Sep 26 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022. |
| Nov 07 2022 | Brief of respondent Safeway, Inc. in opposition filed. |
| Nov 22 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Nov 22 2022 | Reply of petitioner United States, ex rel. Thomas Proctor filed. (Distributed) |
| Nov 30 2022 | Rescheduled. |
| 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. 21-1326 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 08 2023 | Record requested from the U.S.C.A.-7th Circuit. 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. |
| 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 24 2023 | CIRCULATED |
| 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. |
