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U.S. EX REL. McALLAN v. CITY OF NEW YORK

No. 99-6150.

248 F.3d 48 (2001)

UNITED STATES of America, ex rel. Richard McAllan, Plaintiff-Appellant, v. The City of New York, a Municipal Corporation, and New York City Health and Hospitals Corp., a Public Benefit Corporation, Defendant-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 19, 2001.

Attorney(s) appearing for the Case

ROBERT A. UGELOW, Brooklyn, NY, for Appellant.

KATHY MARKS, Assistant United States Attorney, New York, New York for amicus curiae United States.

JOSEPH WILLEY, Rosenman & Colin LLP, New York, New York (David A. Florman, Catherine G. Patsos, on the brief), for Defendant-Appellee New York City Health and Hospitals Corporation.

MICHAEL D. HESS, Corporation Counsel of the City of New York, New York, New York (Larry A. Sonnenshein, Mordecai Newman, on the brief), for Defendant-Appellee City of New York.

Before: JACOBS, CALABRESI, Circuit Judges, ARTERTON, District Judge.

PER CURIAM

Background

On May 4, 1999, the district court granted defendants' motion to dismiss, ruling that the alleged violations of the False Claims Act reported by plaintiff to the government had been previously publicly disclosed, and the district court therefore lacked subject matter jurisdiction under 31 U.S.C. § 3730(e)(4)(A). Judgment was entered by the Clerk on May 12, 1999. On May 27, 1999, McAllan filed a motion for reargument and for leave...

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