May 16, 2011
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.