Eisenstein v. City of New York, 556 U.S. 928 (2009), is a United States Supreme Court decision holding that where the Government has not intervened or actively participated, private plaintiffs under the False Claims Act must file an appeal within 30 days of the judgment or order being appealed, according to the Federal Rules of Appellate Procedure.

Irwin Eisenstein and four other city employees who do not live in New York sued the city, pro se (i.e., representing themselves without being represented by attorneys), alleging that the policy violated – among other things – the federal False Claims Act, which imposes civil liability on any person who “knowingly presents, or causes to be presented, to an officer or employee of the United States Government .

However, even if it decides not to do so, the FCA statute provides the government a right to be involved in the action and to receive a majority share of any monetary recovery.

The respondent (the City of New York) argued that only individuals or entities that actually participate in and control the qui tam litigation can qualify as “parties” to an action.

Because the Government neither intervened nor participated in the qui tam action, and it could not have appealed the decision without first seeking leave to do so, the respondents argued that the 30 day time limit set out in the Federal Rules of Appellate Procedure should apply.

[6][7][8] Oral arguments indicated that Congress provided no express answer within the False Claims Act text or legislative history regarding whether the United States should be considered a "party" to a qui tam action when it declines to intervene.