United States of America, Ex Rel. Stinson, Lyons, Gerlin & Bustamante, P.A. v. The Prudential Insurance Company

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal from the district court’s dismissal of a complaint for lack of subject matter jurisdiction requires us to interpret the jurisdictional bar provisions of the False Claims Act, 31 U.S.C. §§ 3729-3733 (1988) (FCA). The law firm of Stinson, *1151Lyons, Gerlin & Bustamante, P.A. (Stinson) filed this action on behalf of the United States against Prudential Insurance Company alleging that Prudential defrauded the Government by avoiding its statutory responsibility to pay certain insurance claims as the primary insurer. The district court dismissed the…