Statement of Stephen Hasegawa, partner and whistleblower attorney with Phillips and Cohen:
“The Supreme Court decided that if the government wants to dismiss a False Claims Act case after the initial stages, it has to show good cause to intervene and explain why dismissal serves the government’s interests. That may not be a high burden, but it at least requires that the government give an account of its reasons. The case also leaves open what due process and equal protection rights a whistleblower might have to prevent dismissal. Those questions seem likely to be litigated in the near future.”