District Court SEES a Lack of Good Cause to Intervene After Prior Declination

• April 22, 2021

• Matt Hubbell , K&L Gates LLP
• Sarah D. E. Staples , K&L Gates LLP

Courts often give the government wide latitude to intervene in qui tam suits based on an assertion of “good cause,” as required under the False Claims Act (FCA), after an initial declination of intervention. However, a recent ruling by Judge Waverly Crenshaw in the Middle District of Tennessee disrupted that pattern by requiring the government to produce detailed evidence of good cause. The court ultimately found the government’s evidence insufficient to support its late intervention. This case may serve as a blueprint for defendants going forward in response to a government motion to intervene following an initial declination of intervention.

ARTICLE TAGS

• Fraud & Abuse Practice Group
• Fraud and Compliance