Supreme Court to Hear (and me to blog) Graham County case on November 30

by bvernia | November 29th, 2009

The Supreme Court hears oral arguments tomorrow (November 30) in the case of Graham County Soil & Conservation District v US ex rel Wilson, up for review from the Fourth Circuit’s decision. With luck, I’ll be sitting in the bar members section of the courtroom for the argument, and I’ll blog about it tomorrow afternoon.

The question presented is:

Whether an audit or investigation performed by a State or its political subdivision constitutes an “administrative . . . report . . . audit, or investigation” within the meaning of the public disclosure jurisdictional bar of the False Claims Act, 31 U.S.C. ยง 3730(e)(4)(A).

The merits briefs can be found here. The petitioners, the soil & conservation district, are represented by NC AG Roy Cooper, Zeyland McKinney, Jr., of Robbinsville, NC, and Sean Perrin of the Charlotte office of Womble, Carlyle Sandridge & Rice, PLLC.

The relator is represented byb Mark Hurt of Abingdon, VA, and Brian McCoy of Rock Hill, SC.

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