DOJ Suffers Rare Rejection Of Late FCA Case Takeover

By Jeff Overley (February 26, 2021, 10:58 PM EST) -- In an unusual defeat, the U.S. Department of Justice has been barred from joining a False Claims Act case after a Tennessee federal judge found it waited too long to intervene in whistleblower litigation alleging kickbacks among eye doctors.

The Wednesday decision by U.S. District Judge Waverly D. Crenshaw Jr. found that the DOJ failed to show "good cause" for belated intervention — a showing that typically isn't hard for the DOJ to make — and that it therefore must stay behind the ropes while two whistleblowers and several vision-care entities duke it out in the litigation.

Judge Crenshaw noted that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!