Legal Opinion

United States Ex Rel. Mergent Services v. Flaherty

Court of Appeals for the Second Circuit

Decided August 19, 2008No. Docket 06-3081-cvPublishedCited by 614 opinions

1Opinion of the Court

WINTER, Circuit Judge:

John Bal appeals from Judge Baer’s dismissal of his complaint. The principal issue is whether private persons proceeding pro se may bring False Claims Act qui tam actions as relators for the United States. Because False Claims Act causes of action are not personal to relators, they are statutorily barred from bringing such actions pro se. Accordingly, we affirm.

BACKGROUND

We briefly summarize the relevant facts as they pertain to this appeal. On May 23, 2005, Bal, proceeding pro se, filed this action against Marie Flaherty on behalf of the United States, himself, and his…

2Cases cited17 opinions

  1. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  2. Iannaccone v. LawCourt of Appeals for the Second Circuit · 1998
  3. Timson v. SampsonCourt of Appeals for the Eleventh Circuit · 2008
  4. Winkelman Ex Rel. Winkelman v. Parma City School DistrictSupreme Court of the United States · 2007
  5. Patricia MacHadio v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2002

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3Cited by614 opinions

  1. Simon v. Hartford Life, Inc.Court of Appeals for the Ninth Circuit · 2008
  2. United States v. Lavabit, LLC.Court of Appeals for the Fourth Circuit · 2014
  3. Michael Georgakis v. Illinois State UniversityCourt of Appeals for the Seventh Circuit · 2013
  4. Joseph Wojcicki v. SCANA CorporationCourt of Appeals for the Fourth Circuit · 2020
  5. Little v. Municipal Corp.District Court, S.D. New York · 2014

609 more not listed; retrieve them via the Exa API.

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