Molly Moriarty Lane

Partner

Retail and Technology Matters

• Representation of electronic payment company in series of class actions alleging claims for violations of the Electronic Funds Transfer Act, California unfair competition law, the California Consumer Legal Remedies Act, conversion, unjust enrichment, and money had and received.
• Representation of electronic payment company in connection with claims for defamation and intentional interference arising from statements made by company’s president and CEO.
• Representation of semiconductor company in connection with claims for fraud and breach of contract arising from a pricing agreement between the parties. Obtained defense verdict after a two-week trial.
• Representation of client in connection with claims for breach of contract, fraud, quantum meruit and breach of warranty of authority arising out of an alleged agreement pursuant to which plaintiffs were purportedly retained to serve as client’s agent in Saudi Arabia for the purpose of assisting the client to procure a contract for the conversion of two airplanes into VIP configurations for the Saudi Royal Flight. After a two week trial, judgment was entered in favor of the client.
• Representation of telecommunications company in licensing dispute filed in two different competing jurisdictions alleging cross-claims for breach of contract, copyright violations and declaratory relief.
• Representation of telecommunications company in connection with claims for breach of a settlement agreement with a competitor.
• Representation of telecommunications company in connection with claims for breach of contract, fraud, unjust enrichment, and declaratory relief filed by two individuals seeking compensation for services rendered in connection with uncovering fraud.
• Representation of semiconductor company in case alleging claims for fraud, breach of contract, and unfair competition in connection with a license agreements between the parties.
• Representation of semiconductor company in connection with claims filed by manufacturer’s representative for unpaid commissions.

Healthcare Matters

• Representation of health plan in several consumer class actions filed on behalf of individual health plan members whose policies were rescinded for misrepresentations or omissions on their applications.
• Representation of health plan in a representative action filed by the Los Angeles City Attorney alleging claims for violations of the California unfair competition law based on the health plan’s rescission of member policies.
• Representation of health plan in class action filed on behalf of public employees who alleged that health plan used an overly restrictive definition of “medical necessity” for purposes of determining health insurance coverage. Case dismissed on demurrer and affirmed on appeal.
• Representation of health plan in class action filed on behalf of network providers whose contract rates were allegedly revised without proper notice.
• Representation of health plan in class action filed in connection with plan’s mid-year revision to health insurance benefits.
• Representation of health plan in class action alleging improper denial of pre-natal care based on medical necessity grounds.
• Representation of health plan in class action alleging plan’s use and enforcement of arbitration provisions that do not comply with provisions in Insurance Code and Knox-Keene Act.
• Representation of health plan in class action alleging overapplication of deductible and co-pays.
• Representation of health plan in case filed by former contractor alleging claims for antitrust violations, unfair competition, tortious interference with contract, and intentional infliction of emotional distress arising from plaintiff’s termination by his former employer.
• Representation of health plan in cases alleging bad faith and breach of contract arising from alleged malpractice committed by network providers.
• Representation of health plan in arbitration filed by large health care provider alleging breach of contract and fraud arising from failure to pay over 6,000 claims for services provided.
• Representation of health plan in bad faith case arising from alleged failure to reimburse plaintiff for services provided by out-of-network provider.
• Representation of prescription benefit management company in class action alleging claims for unfair competition arising from PBM’s alleged practices in connection with the receipt of rebates from pharmaceutical manufacturers and the alleged manipulation of Average Wholesale Pricing for pharmaceutical products.
• Representation of prescription benefit management companies in connection with class action filed on behalf of independent pharmacies alleging claims for violation of California unfair competition law and California Civil Code section 2527 for PBM’s alleged failure to publish fee studies. Case dismissed on demurrer and affirmed on appeal.
• Representation of prescription benefit management company in connection with claims for breach of a pharmaceutical supply agreement filed by pharmaceutical distributor.
• Representation of prescription benefit management company in class action filed on behalf of independent pharmacies alleging failure to reimburse pharmacies in compliance with the Oklahoma Third Party Prescription Act.
• Representation of prescription benefit management company in class action filed on behalf of similarly situated pharmacies alleging that PBM improperly reimbursed the pharmacies for brand name prescription drugs based on a monthly, rather than a daily, updated Average Wholesale Price for those drugs.