Legal Opinion

United States ex rel. Milam v. University of Texas M.D. Anderson Cancer Center

Court of Appeals for the Fourth Circuit

Decided April 3, 1992No. 91-2194PublishedCited by 56 opinions

1Opinion of the Court

OPINION

HALL, Circuit Judge:

The M.D. Anderson Cancer Center of the University of Texas appeals the district court’s denial of its motion to dismiss, based on Eleventh Amendment immunity, a qui tam False Claims Act suit. We must decide whether the inapplicability of the Eleventh Amendment to suits brought by the United States extends to actions brought on the United States’ behalf by qui tam relators. Concluding that it does, we affirm.

I

Relator Kathryn Milam is a post-doctoral cancer researcher. In' the mid-1980s, she was employed at the University of California’s Brain Tumor Research Center, a…

2Cases cited14 opinions

  1. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  2. Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
  3. United States v. MississippiSupreme Court of the United States · 1965
  4. West Virginia v. United StatesSupreme Court of the United States · 1987
  5. United States of America Ex Rel. David P. Weinberger, and David P. Weinberger, Esq., Individually v. Equifax, Inc. (Formerly Retail Credit Company)Court of Appeals for the Fifth Circuit · 1977

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3Cited by56 opinions

  1. United States Ex Rel. Grubbs v. KannegantiCourt of Appeals for the Fifth Circuit · 2009
  2. United States of America, Ex Rel. Kreindler & Kreindler, Cross-Appellee v. United Technologies Corporation, Cross-AppellantCourt of Appeals for the Second Circuit · 1993
  3. Carol Rae Cooper Foulds v. Texas Tech UniversityCourt of Appeals for the Fifth Circuit · 1999
  4. Cedars-Sinai Medical Center v. ShalalaCourt of Appeals for the Ninth Circuit · 1997
  5. United States v. R&F Properties of Lake County, Inc.Court of Appeals for the Eleventh Circuit · 2005

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

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