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SCHINDLER ELEVATOR CORP. v. U.S. EX REL. KIRK

No. 10-188.

131 S.Ct. 1885 (2011)

563 U.S. 401

SCHINDLER ELEVATOR CORPORATION, Petitioner, v. UNITED STATES ex rel. Daniel KIRK.

Supreme Court of United States.

Decided May 16, 2011.

Attorney(s) appearing for the Case

Steven Alan Reiss , New York, NY, for petitioner.

Jonathan A. Willens , New York, NY, for respondent.

Melissa Arbus Sherry for the United States as amicus curiae, by special leave of the Court, supporting respondent.

Lisa R. Eskow , Weil, Gotshal & Manges LLP, Houston, TX, Gregory S. Coleman , Marc S. Tabolsky , Yetter Coleman LLP, Austin, TX, Steven Alan Reiss , Counsel of Record, Gregory Silbert , David Yolkut , Adam Banks , Weil, Gotshal & Manges LLP, New York, NY, for Petitioner.

Jonathan A. Willens , Counsel of Record, Jonathan A. Willens, LLC, New York, NY, for Respondent Daniel Kirk.

Justice THOMAS delivered the opinion of the Court.

The False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, prohibits submitting false or fraudulent claims for payment to the United States, § 3729(a), and authorizes qui tam suits, in which private parties bring civil actions in the Government's name, § 3730(b)(1). This case concerns the FCA's public disclosure bar, which generally forecloses qui tam suits that are "based upon the public...

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