Court says FOIA request cannot be used in lawsuit
Headline Legal News
The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.
The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.
Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.
But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.
The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.
Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.
Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.