Ali Guio
In a case of first impression, the Circuit Court of Appeals for the Federal Circuit reviewed a trial court ruling on a motion to intervene as a matter of right. In reviewing the Federal Claims Rule for intervention as of right, the court assessed the necessary showing of facts required by the intervenor to meet its burden of proving that adequate representation could not be made by an existing party. The court found that the trial court properly denied Pacific Coast Federation of Fishermen’s Associations’ (“PCFFA”) motion because its litigation goals were the same as those of the government, and therefore the court’s conclusion would resolve the government’s contentions at the same time as it would the PCFFA similar and related arguments.
