Whistleblower claims and public records
Schindler Elevator v. United States
In brief
The Supreme Court ruled that an agency’s written FOIA response counts as a “report” under the False Claims Act’s public-information rule, overturned the Second Circuit, and sent Kirk’s case back.
- Where it stands
- Decided
Decided 5-3 · May 16, 2011 · Opinion by Justice Thomas
- What it’s about
- Daniel Kirk used Labor Department records obtained through the Freedom of Information Act (FOIA) to support his False Claims Act allegations that Schindler Elevator failed to file or filed false veteran-employment reports.
- Who it affects
- For False Claims Act claims, a federal agency’s written FOIA response counts as a report under the rule limiting claims based on public information.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Second Circuit’s ruling and sent the case back to the lower court (remanded), deciding that an agency’s written FOIA response counts as a “report” under the Act’s rule limiting claims based on publicly disclosed information.
Kirk was a Vietnam War veteran and former Schindler employee.
Federal contractors had to report each year how many qualified covered veterans they employed and provide related information.
Question presented
May a whistleblower use information obtained through FOIA to allege violations of the federal False Claims Act by a government contractor?
What the Court decided
Holding
A federal agency’s written response to a FOIA request for records constitutes a “report” within the meaning of the FCA’s public disclosure bar. 601 F. 3d 94, reversed and remanded.
- Result
- Reversed
The Court's reasoning
The Court decided that an agency’s written reply to a Freedom of Information Act (FOIA) records request counts as a “report” under the False Claims Act’s rule limiting claims based on public information. The case returns to the lower court, so Kirk’s underlying allegations remain for further proceedings.
The vote
From the opinions
“The DOL responses revealed that, in some years, Schindler filed no information, while in some other years, the corporation filed false information.”
What's next
The case returns to the Second Circuit for further proceedings under the Supreme Court’s ruling.
Documents
Opinions
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Opinion added: Schindler Elevator
More questions
- What did the Labor Department responses show?
- Justice Ginsburg’s dissent said some years had no filing, while other years’ filings contained false information.
- What did contractors have to report each year?
- They had to report the number of qualified covered veterans they employed and related information.
- Did the Court decide whether Schindler filed false reports?
- No. The Court decided how the public-information rule treats FOIA responses, not whether Schindler’s reports were false.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.