United States ex rel Fields v. Bi-State Dev. Agency, No. 15-3348 (8th Cir. 2016)
Annotate this CaseRelator filed a qui tam action alleging that Bi-State and Eager Road made false claims to receive federal public-transit funds through the Department of Transportation and the Federal Transit Administration. The district court denied Bi-State’s motion for summary judgment. The court dismissed the appeal for lack of jurisdiction. The court concluded that the issue of Bi-State's immunity is not properly before the court. At no point during the proceedings before the district court did Bi-State claim that it was entitled to sovereign immunity. Bi-State’s motion for summary judgment argued only that it is not a “person” under the False Claims Act (FCA), 31 U.S.C. 3729-3733, and the district court’s denial of summary judgement addressed only that question.
Court Description: Gruender, Author, with Bright and Kelly, Circuit Judges] Civil case - Qui Tam. In the pleadings filed with the district court, defendant never claimed that it was entitled to sovereign immunity and the issue of sovereign immunity under the Eleventh Amendment is not properly before this court; the appeal is dismissed for lack of jurisdiction as the court lacked jurisdiction to decide the only issue properly before it in this interlocutory appeal - the statutory question of whether defendant is a person under the False Claims Act.
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