United States Third Circuit

Rule 4(a)(1)(B)'s 60-day deadline for filing a notice of appeal applies to False Claims Act suits even when the Government declines to intervene. This qui tam suit, alleging fraud on the Government in violation of the False Claims Act, was properly dismissed for failure to allege that payment of the federal funds to non-licensed pharmacists was in some way conditioned on compliance with New Jersey law regulating eligibility to dispense prescription drugs.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• Before:  AMBRO, WEIS, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ross Begelman, Esquire, Marc M. Orlow, Esquire, Begelman & Orlow, P.C., Cherry Hill, NJ, Counsel for Appellants.


• For Appellees:
  
• Brian Flaherty, Esquire, Gregory A. Lomax, Esquire, Drew Wixted, Esquire, Wolf, Block, Schorr and Solis-Cohen LLP, Cherry Hill, NJ, Counsel for Appellee.