United States Ex Rel. Fields v. Bi-State Development Agency

KELLY, Circuit Judge.

Bi-State Development Agency (Bi-State) appeals the denial of its motion for summary judgment. It argues that the district court 1 erred in holding that Bi-State was not an arm of the state and therefore not entitled to Eleventh Amendment immunity in this False Claims Act (FCA) action brought by a private actor. Having jurisdiction pursuant to 28 U.S.C. § 1292(a), see P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993) (appeal from the denial of summary judgment based on sovereign immunity falls within a narrow…