No. 22-374

Troy Olhausen v. Arriva Medical, LLC, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-10-21
Status: GVR
Type: Paid
Relisted (5)
Tags: circuit-split civil-procedure false-claims-act knowingly objective-reasonableness objective-standard scienter statutory-interpretation subjective-standard
Key Terms:
Patent
Latest Conference: 2023-06-29 (distributed 5 times)
Question Presented (AI Summary)

Whether a False Claims Act defendant alleged to have 'knowingly' violated a provision of federal law can escape liability by articulating, after the fact, an objectively reasonable interpretation of the provision under which its conduct would have been lawful

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a False Claims Act defendant alleged to have “knowingly” violated a provision of federal law can escape liability by articulating, after the fact, an objectively reasonable interpretation of the provision under which its conduct would have been lawful.

Docket Entries

2023-08-01
Judgment issued.
2023-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States ex rel. Schutte</i> v. <i>Supervalu Inc.</i>, 598 U. S. ___ (2023). Justice Alito took no part in the consideration or decision of this petition.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-07
2023-01-20
Brief of respondents Arriva Medical, LLC, et al. in opposition filed.
2022-11-15
Motion to extend the time to file a response is granted and the time is extended to and including January 20, 2023.
2022-11-11
Motion to extend the time to file a response from November 21, 2022 to January 20, 2023, submitted to The Clerk.
2022-10-18
Petition for a writ of certiorari filed. (Response due November 21, 2022)

Attorneys

Arriva Medical, LLC; Alere, Inc.; and Abbott Laboratories, Inc.
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
Troy Olhausen
Stephen F. RosenthalPodhurst Orseck, PA, Petitioner
Stephen F. RosenthalPodhurst Orseck, PA, Petitioner