⚖ Oral Arguments, with Context

Real court arguments, crisp audio, with context.

Court recordings can be difficult to follow, and many suffer from poor audio quality. This podcast enhances the audio, provides a brief introduction to each case, and explains legal concepts that may be unfamiliar to some listeners.

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Roger Day, Jr. v. US — 4th Cir. (Oct 28, 2026)

No. 25-2053 Argued October 28, 2026 Published October 30, 2026

Roger Day challenges the dismissal of his False Claims Act lawsuit against defense contractors. Day alleges that supposedly competitive government purchases were actually single-supplier deals, with the Defense Logistics Agency helping the sellers. The government disputes his account. A qui tam suit lets a private plaintiff, called a relator, sue on the United States' behalf and potentially share in a recovery. Here, the United States stepped in to seek dismissal, saying the procurement practices were lawful and Day's allegations lacked specifics. The district court dismissed the suit. Day argues that Justice Department lawyers have a conflict because his allegations also implicate government officials. He also contends that dismissal required the Attorney General's personal, reasoned consent. The appeal concerns who can end this lawsuit and what protections the relator retains—not a jury verdict finding fraud. Ultra vires, a term used here, means beyond legal authority. Elliott Harding will argue for Day; Robert McIntosh will argue for the United States.

Roger Day, Jr. v. US (No. 25-2053) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.

Sources
Argument audio — official Fourth Circuit recording, October 28, 2026:https://www.ca4.uscourts.gov/OAarchive/mp3/25-2053-20261028.mp3
Official Fourth Circuit argument listing and case-specific audio row:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Official Fourth Circuit October 27–30, 2026 session calendar:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Original district court opinion — Doc. 58:https://cases.justia.com/federal/district-courts/virginia/vaedce/3%3A2023cv00371/538873/58/0.pdf
District court reconsideration order — Doc. 63:https://cases.justia.com/federal/district-courts/virginia/vaedce/3%3A2023cv00371/538873/63/0.pdf
Written appellate docket and counsel appearances — No. 25-2053:https://dockets.justia.com/docket/circuit-courts/ca4/25-2053
False Claims Act — 31 U.S.C. § 3730:https://www.law.cornell.edu/uscode/text/31/3730
Federal Rule of Civil Procedure 9(b):https://www.law.cornell.edu/rules/frcp/rule_9
Federal Rule of Civil Procedure 41(a):https://www.law.cornell.edu/rules/frcp/rule_41
Legal-term context — Larson majority on action beyond statutory authority:https://supreme.justia.com/cases/federal/us/337/682/
Legal-term context — Pennhurst majority, footnote 11:https://supreme.justia.com/cases/federal/us/465/89/

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