This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Schindler Elevator Corporation, schindler Elevator Corp. argues that the district court correctly applied the public disclosure bar of the False Claims Act, finding that the FOIA response met every element of the bar.
The parties dispute whether the FOIA response is a “report” or an “investigation” for purposes of the public disclosure bar.
According to Petitioner (Mr. Reiss), according to Petitioner (Mr. Reiss), petitioner contends that the 2009 amendments to the False Claims Act allow the government to waive the public disclosure bar unless it objects.
Background and question before the Court
What each side argues
Petitioner (Schindler Elevator Corporation)
According to Schindler Elevator Corporation, schindler Elevator Corp. maintains that the district court correctly applied the public disclosure bar, concluding that the FOIA response satisfied every element of the bar.
According to Petitioner (Mr. Reiss), according to Petitioner (Mr. Reiss), petitioner argues that the 2009 FCA amendments let the government disavow the public disclosure bar unless it objects.
Respondent (United States, ex rel. Daniel Kirk)
According to Willens, respondent argues that, under the plain language of FOIA, a response is not a report and a search is not an investigation.
According to Government (Ms. Sherry), according to Government (Ms. Sherry), the Government asserts that obtaining information through a FOIA request does not determine whether the underlying document is an administrative report or an audit.
What happened at oral argument
Justice Scalia asked counsel to define “report” versus “investigation.”
Justice Ginsburg asked whether the 2009 FCA amendments, which are not retroactive, affect the public disclosure bar prospectively.
According to Justice Alito, justice Alito questioned whether many documents labeled as reports are actually reports.
Justice Sotomayor noted that the FOIA letter indicated there were no reports for certain years.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 17d3a5c2afe204b8c70b-r1-5ae27f42c8c5ccf3.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.