Court Erred In Barring Late DOJ Intervention In FCA Case

By Catherine Dorsey and Jacklyn DeMar (March 15, 2021, 5:17 PM EDT) -- On Feb. 24, the U.S. District Court for the Middle District of Tennessee issued a remarkable order in U.S. v. SouthEast Eye Specialists PLLC, denying the​ U.S. Department of Justice's motion to intervene in a qui tam action brought under the False Claims Act.

The court concluded that the U.S. lacked good cause to intervene despite the government moving to intervene only six months after the court's deadline for intervention — a deadline set despite the government's ongoing investigation — and the court made no finding that intervention would prejudice the defendants.

The court held that a finding of good cause...

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