So I mentioned here before that my firm has a case going to the Supreme Court next session. It has now been scheduled for hearing the day before
Posted by
pmb (aka pmb)
Aug 27 '24, 12:15
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the election. I've found the process pretty fascinating (though it all makes sense). The case is a False Claims Act case (meaning the case is brought by a whistleblower against someone who is essentially defrauding the government). Generally when we find these cases, you build the case and bring it to the justice department to see if they want to pursue the case. If they choose not to, often the case will just be dropped (there's a lot of cost involved and having the justice department involved both limits the cost and adds weight to the case). Other times if we feel the case is strong we may pursue it anyway (usually with the justice department monitoring). In this case the justice department declined and we have been pursuing this for 10+ years.
In any event, it was interesting to see the appellant blatantly appealing to the extreme conservative justices (calling the False Claims Act the "heavy artillery of the administrative state"). Also find it interesting that to prepare for the argument our team has scheduled 2 mock arguments with "justices" being played by former supreme court clerks and attorneys with industry expertise. Again, not surprising (many large cases do mock trials to prepare), but kind of interesting to see the process in action. Anyway, thought some of you might find it interesting as well.
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