Often, a defendant will misinterpret a non-intervention decision as the equivalent of a decision that your case is frivolous and without merit. While this is sometimes the case, normally it is not. Instead, most non-intervention decisions merely reflect the fact that there are a small number of Government lawyers who actually litigate False Claims Act cases.

Bolstered by a non-intervention decision, defendants may gear up their lawyers to mount a full-scale litigation attack upon you and your lawyers, with a barrage of depositions, discovery requests, and motions to the court--all of which have to be responded to by the relator. If this occurs, it is important that you be able to convince the opposing side that you are prepared to go forward with full-scale discovery, motion practice, and trial.