3rd Circ. Says Gov't Can Step In To Kill Whistleblower Suits

By Matthew Santoni (October 28, 2021, 4:20 PM EDT) -- The federal government can only seek to throw out whistleblowers' lawsuits after it chooses to join them, but its motion to dismiss such a False Claims Act suit against a UnitedHealth Inc. unit was enough to count as an intervention and support killing the case, the Third Circuit said Thursday.

When a whistleblower proceeds with a lawsuit on behalf of the government, the government has to step in before it can seek to dismiss the suit over the whistleblower's objections, the Third Circuit's ruling said, adding that the normal rules of civil procedure should apply to such dismissal motions.

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