Federal Rules of Appellate Procedure

U.S., Ex Rel. Eisenstein v. City of New York

Issues

If the United States decides not to intervene when a party files a qui tam action under the False Claims Act, should the party be allowed a 60-day time limit to file its notice of appeal because the United States is technically a party, or should they be subject to the standard 30-day time limit?

Court below

United States Court of Appeals for the Second Circuit

Fifty-four days after the Southern District of New York dismissed Irwin Eisenstein's qui tam action against the City of New York, Eisenstein filed a notice of appeal with the Second Circuit Court of Appeals. The Second Circuit asked the parties to brief whether the notice of appeal was timely filed. According to the Federal Rules of Appellate Procedure, parties only have 30 days to file a notice of appeal, and this will be extended to 60 days when the United States is a party. Eisenstein claimed that, even though the United States declined to intervene, it was a "real party of interest" and therefore he was entitled to the 60 day limit. The City of New York conceded that, while the United States was a "party of interest", they were not a party for the purpose of measuring the timeline on appeal. The Supreme Court granted certiorari to determine whether the relator in a qui tam action is entitled to the extended 60 day time limit for appeal when the United States chooses not to intervene in the action.

Questions as Framed for the Court by the Parties

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.

Eisenstein's Underlying Complaint

Irwin Eisenstein was an employee of the City of New York ("the City"), and during his employment he lived in both New Jersey and the City. See U.S. ex rel. Eisenstein v.