Legal Opinion

United States Ex Rel. Shutt V.Community Home & Health Care Services, Inc.

Court of Appeals for the Ninth Circuit

Decided December 16, 2008No. 07-56060PublishedCited by 8 opinions

1Opinion of the Court

HAWKINS, Circuit Judge:

Facing a question of first impression, we conclude that an order granting summary judgment is final and appealable under 28 U.S.C. § 1291 even though the district court retained jurisdiction over a pending claim by a qui tam relator for a share of the award under the False Claims Act (“FCA”), 31 U.S.C. § 3730(d). 1

FACTS

Relator Jody Shutt originated this FCA action against Nida Campanilla (“Campan-illa”), the sole owner and president of Community Home and Health Care Services (“Community Home”), an agency that provided nursing and home health services and received at…

2Cases cited6 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  3. Samuelu Masalosalo, a Minor, by Paepae Masalosalo, His Mother and Guardian Ad Litem, and Paepae Masalosalo v. Stonewall Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
  4. International Association Of Bridge, Structural, Ornamental, And Reinforcing Ironworkers' Local Union 75 v. Madison IndustriesCourt of Appeals for the Ninth Circuit · 1984
  5. 98 Cal. Daily Op. Serv. 2502, 98 Daily Journal D.A.R. 3457 United National Insurance Co. Aetna Casualty & Surety Co. v. R & D Latex Corp. Mydrin, Inc., for Itself and as Successor in Interest to R & D Latex Corp.Court of Appeals for the Ninth Circuit · 1998

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3Cited by8 opinions

  1. John Crowley v. Bruce BannisterCourt of Appeals for the Ninth Circuit · 2013
  2. Ormsby v. First American Title Co.Court of Appeals for the Ninth Circuit · 2010
  3. (PC) Doe v. State of CaliforniaDistrict Court, E.D. California · 2024
  4. Auld-Susott v. GalindoDistrict Court, D. Hawaii · 2021
  5. Charlotte B Milliner v. Mutual Securities, Inc.District Court, N.D. California · 2019

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

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