United States Ex Rel. Eisenstein v. City of New York

WINTER, Circuit Judge:

Irwin Eisenstein appeals from the dismissal of his complaint by Judge Batts. The City of New York has moved to dismiss the-appeal, asserting that the notice of appeal was untimely. The issue is whether a private party bringing a False Claims Act qui tam action must file a notice of appeal within the 30 days after judgment applicable to civil actions generally, Fed. R.App. P. 4(a)(1)(A), or within the 60 days applicable when the United States is a party, Fed. R.App. P. 4(a)(1)(B). We hold that, where the United States has declined to intervene in a False Claims action,…