Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

U.S. ex rel. Eisenstein v. New York

Docket No.: 08-660
Certiorari Granted: 1/16/2009
Argued: April 21, 2009
Decided: June 8, 2009

PartyNames: United States, ex rel. Irwin Eisenstein v. City of New York, New York, et al.
Petitioner: United States, ex rel. Irwin Eisenstein,
Respondent: City of New York, New York, et al.

Court Below: United States Court of Appeals for the Second Circuit

United States, ex rel. Irwin Eisenstein,
v.
City of New York, New York, et al.
Question Presented:

Whether the 30-day time limit in Federal Rule of Appellate Procedure 4(a)(1)(A) for filing a notice of appeal, or the 60-day time limit in Rule 4(a)(1)(B), applies to a qui tam action under the False Claims Act, where the United States has declined to intervene in that action.

Question:

For an action filed under the False Claims Act, does the 30-day or 60-day time limit apply for filing an appeal when the United States is not a party in the lawsuit?

Note:

EXPEDITED BRIEFING SCHEDULE.

Holding: affirmed
Vote: 9-0
Opinion By: Justice Clarence Thomas
Read U.S. EX REL. EISENSTEIN V. NEW YORK opinion (PDF)