Court says FOIA request cannot be used in lawsuit
Headline Legal News
The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.
The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.
Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.
But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.
The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.
Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.
Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor.
Related listings
-
Phoenix realtor pleads guilty to mortgage fraud
Headline Legal News 05/12/2011A Phoenix real estate agent has pleaded guilty in a mortgage fraud scheme that costs lenders almost $10 million. Federal prosecutors said 31-year-old Jason Thomas Williams pleaded guilty Monday to charges of conspiracy to commit wire fraud. It was un...
-
Courts nationwide hold hearings with video
Headline Legal News 05/09/2011George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings. Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge. Villanu...
-
Judge clears 'Housewives' firing lawsuit for trial
Headline Legal News 05/04/2011A jury should decide whether Nicollette Sheridan's character was unfairly written out of the hit show "Desperate Housewives," a judge ruled Tuesday. With the actress looking on, Los Angeles Superior Court Judge Elizabeth Allen White tossed a couple o...
Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.