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''United States ex rel. Eisenstein v. City of New York'', , was a United States Supreme Court case in which the Court held that where the Government has not intervened or actively participated, private plaintiffs under the False Claims Act must filed an appeal within 30 days of the judgment or order being appealed, according to the Federal Rules of Appellate Procedure. == Background == The ''Eisenstein'' case arose out of New York City’s decision to require government employees who do not live in the City to pay a fee equivalent to the municipal income taxes paid by employees who do live there. Irwin Eisenstein and four other city employees who do not live in New York sued the city, ''pro se'' (i.e., representing themselves without being represented by attorneys), alleging that the policy violated – among other things – the federal False Claims Act, which imposes civil liability on any person who “knowingly presents, or causes to be presented, to an officer or employee of the United States Government . . . a false or fraudulent claim for payment or approval.” The False Claims Act is unique because, while the federal government is always the "real party in interest" (as the one allegedly being defrauded), the statute allows a private plaintiff (known as a "relator" under the FCA) to sue qui tam (on the government’s behalf) since the relator is "partially assigned" part of the government's legal injury.〔See Nathan D. Sturycz, ''The King and I?: An Examination of the Interest Qui Tam Relators Represent and the Implications for Future False Claims Act Litigation'', 28 St. Louis Pub. L. Rev. 459 (2009), ''available at'' http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1537749〕 The False Claims Act provides: Despite this provision, the United States does not need to participate in False Claims Act litigation. After conducting an investigation, the government may choose to intervene and take over the litigation. However, even if it decides not to do so, the FCA statute provides the government a right to be involved in the action and to receive a majority share of any monetary recovery. The government also has a right to intervene later, if it can show good cause for doing this. Where the government does not intervene, the False Claims Act provides the government a right to receive copies of the parties' pleadings and deposition transcripts (rights usually reserved for parties to a suit). The district court dismissed Eisenstein’s claim for failure to state a claim and entered final judgment in favor of the City of New York. Eisenstein filed notice of appeal from that judgment 54 days later. Six months after Eisenstein filed his notice of appeal, the Second Circuit ordered the parties to brief the issue of what time limit for filing the notice of appeal applied in this case, where the action was conducted in the name of the United States but the government had declined to intervene. Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure (FRAP) gives a party 30 days to appeal in a civil case, but the rule gives “any party” 60 days to appeal when the United States is a party to the action. The City of New York later filed a motion to dismiss the appeal as untimely. The Second Circuit concluded that because the United States was not a “party” to the action, the special FRAP 60-day time limit did not apply. Therefore, it dismissed the appeal as untimely.〔Text of Second Circuit Opinion http://www.precydent.com/OriginalVersion/06-3329-cv.pdf?id=345879〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States ex rel. Eisenstein v. City of New York」の詳細全文を読む スポンサード リンク
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