Cook County v. United States ex rel. Chandler, 538 U.S. 119, 3 (2003)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 538 U. S. 119 (2003)

Syllabus

jury and that blameless or unknowing taxpayers will be unfairly taxed for the wrongdoing of local officials. Neither of these concerns is serious in FCA cases. The presumption against punitive damages thus brings only limited vigor to the County's aid. Working against the County's position, however, is a different presumption, this one at full strength: the "cardinal rule . . . that repeals by implication are not favored." Posadas v. National City Bank, 296 U. S. 497, 503. Inferring repeal of municipal liability from the increase in the damages ceiling from double to triple would be difficult in the abstract, but it is impossible given that the basic purpose of the 1986 amendments was to make the FCA a more useful tool against fraud in modern times. Whether or not this was true in 1863, local governments now often administer or receive federal funds. It is simply not plausible that Congress intended to repeal municipal liability sub silentio by the very Act it passed to strengthen the Government's hand in fighting false claims. Pp. 129-134.

277 F. 3d 969, affirmed.

Souter, J., delivered the opinion for a unanimous Court.

Donna M. Lach argued the cause for petitioner. With her on the briefs were Richard A. Devine, Patrick T. Driscoll, Jr., Sanjay T. Tailor, Jerold S. Solovy, and Barry Sullivan.

Judson H. Miner argued the cause for respondent. With him on the brief were George F. Galland, Jr., and Charlotte Crane.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Douglas N. Letter, and Michael E. Robinson.*

*Briefs of amici curiae urging reversal were filed for the City of New York et al. by Michael A. Cardozo, Leonard J. Koerner, Gail Rubin, Merita A. Hopkins, A. Scott Chinn, and Grant F. Langley; for the County of Orange, California, et al. by Walter Dellinger, Jonathan D. Hacker, and James R. Asperger; for 43 Local Governmental Airport Proprietors by Scott P. Lewis; for the National Association of Counties et al. by Richard Ruda, Robert K. Huffman, Miriam R. Nemetz, Charles A. Rothfeld, and Robert L. Bronston; for the National Association of Public Hospitals and

121

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007