High Court Debates FOIA Role In Whistleblower Suits

Law360, New York (March 1, 2011, 7:08 PM EST) -- The U.S. Supreme Court appeared split at oral arguments Tuesday over whether whistleblower suits brought under the False Claims Act can be based on information obtained through the Freedom of Information Act.

Daniel Kirk, a former worker at Schindler Elevator Corp., alleges Schindler violated the Vietnam Era Veterans Readjustment Assistance Act, designed to encourage companies to employ Vietnam veterans. Under that law, contractors are required to file a report with the government detailing the number of Vietnam veterans they employ.

Kirk contends Schindler, a government contractor,...
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