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.