Monday, May 16, 2011

Supreme Court rules in qui tam whistleblower case

Today’s U.S. Supreme Court decision in Schindler Elevator v. United States ex rel Kirk has implications for whistleblowers and False Claims Act cases. The decision undermines fraud-fighting efforts by blocking whistleblowers who use the Freedom of Information Act to corroborate their evidence that their employers have defrauded the United States.

The vote was 5-3, with Justice Thomas writing for the majority and Justice Ginsburg writing the dissent. Justice Kagan was recused.

The Schindler opinion is posted on the Supreme Court website.