Supreme Court Won’t Revive Fraud Suit Against Array

WASHINGTON, Jan. 12, 2026 – The Supreme Court will let stand a lower court decision ending a fraud lawsuit against Array Digital Infrastructure, formerly UScellular.

Justices denied Monday a petition from attorneys Mark O’Connor and Sara Leibman asking the high court to review a U.S. Court of Appeals for the D.C. Circuit decision dismissing their lawsuit against Array under the False Claims Act. They alleged Array used smaller subsidiaries to obtain spectrum auction bidding credits and buy spectrum for more than $100 million less than it could have on its own.

“We are disappointed the Supreme Court did not correct the DC Circuit’s errors but we knew the odds of a grant were very small,” Leibman, a former FCC attorney, said in an email. “We will now focus on our second fraud case against these defendants, which the DC Circuit properly remanded to the District Court judge.”