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Article: Civil False Claims Act: The Supreme Court Hears Oral Argument In United States ex rel. Eisenstein v. City Of New York.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 28, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Yesterday, the Supreme Court heard oral argument in United States ex rel. Eisenstein v. City of New York, No. 08-660, a case that never should have been before the Court to resolve an issue that never should have arisen. The narrow procedural question presented in Eisenstein was whether, in a qui tam case in which the government has not intervened, the relator has 30 days to file a notice of appeal, as provided under Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure when the United States is not a party, or 60 days, as allowed under Rule 4(a)(1)(B) when the United States is a party. The issue, of course, can be avoided by filing a notice of appeal within 30 days, ...