Orrick Team Secures Dismissal of Whistleblower Case Against UCSF

December.05.2018

Siding with the arguments of an Orrick team, a federal judge has dismissed with prejudice a qui tam False Claims Act lawsuit against the Regents of the University of California, UCSF Medical Center and eight individual defendants. U.S. District Judge Claudia Wilken dismissed the complaint, brought by a whistleblower who worked at UCSF.

In March 2017, the United States Attorney’s Office for the Northern District of California served UCSF Medical Center with an under seal whistleblower complaint alleging that UCSF had engaged in violations of the False Claims Act. An Orrick team led by partner Randy Luskey conducted an internal investigation, assembling extensive evidence rebutting the plaintiff’s claims that was presented last summer to the U.S. Attorney’s Office, the FBI, and the Office of Inspector General, U.S. Department of Health and Human Services. Just three weeks later, the government informed the Court that it had decided not to intervene in the lawsuit.

The plaintiff then pursued the case individually, but Judge Wilken dismissed the action in her Nov. 26th order.

The United States Court of Appeals for the Ninth Circuit on May 26, 2020 unanimously affirmed the judgment. Associate Elizabeth Moulton argued the case before the Ninth Circuit.

In addition to Randy, the Orrick team included partner Warrington Parker, Of Counsel Charles Ha, and associates Mike Wood, Lacey Bangle, Elizabeth Morgan, Jazmin Holmes, Aoife Duffy, Shasha Zou, and Lenny Patts.

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Libby Moulton Partner, Supreme Court & Appellate

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Libby Moulton Partner

San Francisco; Silicon Valley

Libby joins trial teams--both within and outside of Orrick--and takes the role of legal strategist and brief writer. She has experience handling all pretrial filings, from early motions to dismiss to post-verdict motions for judgment as a matter of law. Libby excels at managing strategy around Daubert motions, jury instructions, and mid-trial briefing. Before trial, Libby develops strategies for raising and preserving legal issues. At trial, Libby handles mid-trial motions, the charge conference, and pocket briefing as needed. After trial, she manages the post-trial briefing and transitions the case to appeal. While most of her experience is in patent litigation, she has also served as appellate counsel in tort and employment cases. More than half of Libby's cases involve co-counsel outside of Orrick, where she quickly develops productive and collaborative relationships with outside litigation teams.

In addition to her trial work, Libby maintains a robust appellate practice. Libby leads appellate briefing and has presented oral arguments in the Federal Circuit, Ninth Circuit, and New York Appellate Division. Libby also has an active pro bono practice, including representing the Arizona Federal Public Defender’s Office in an ongoing administrative challenge to capital habeas proceedings.

Libby has experience in multiple jurisdictions, including courts in Delaware, Texas, California (state and federal), and Massachusetts; the ITC; and appeals to the Federal Circuit, Ninth Circuit, Sixth Circuit, DC Circuit, California Court of Appeal, New York Appellate Division, and US Supreme Court.

Prior to joining Orrick, Libby served as a law clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit and to Judge Ronald M. Whyte of the United States District Court for the Northern District of California. Before law school, Libby was a patent examiner in the medical device area at the United States Patent and Trademark Office.

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