Molly Moriarty Lane

Representing clients extensively in Northern and Southern California courts, Molly has handled more than 30 class action lawsuits nationwide. Her statewide reputation as a top litigator earned her a 2013 CLAY Award from California Lawyer.

In the healthcare arena, Molly counsels health plans, health insurers, prescription benefit management companies, providers, and related entities in consumer and unfair competition class actions, policy rescission actions, pharmaceutical litigation, claims for bad faith denial of benefits, and general commercial disputes, among other matters. She is currently advising health insurance payors in eight separate cases—including five class actions—involving various claims relating to the implementation of “narrow networks,” a trending area of litigation in the wake of the passage of the US Affordable Care Act. She also lectures frequently on healthcare issues, particularly trends in litigation under the Affordable Care Act.

She counsels retail, technology, and financial institutions clients in class and individual actions alleging claims for breach of contract, antitrust violations, unfair competition, defamation, trade secret theft, business torts, and copyright violations. She offers her clients deep knowledge of California’s Unfair Competition Law including Business and Professions codes 17200 and 17500 and the California Consumer Legal Remedies Act.

Molly’s litigation skills, leadership at Morgan Lewis, active participation in the business community, and mentoring and board chair involvement at the University of San Francisco School of Law, contributed to her being named one of the Most Influential Women in Bay Area Business for 2014 by the San Francisco Business Times.

Retail and Technology Matters

• Representing a video game retailer in a California Business and Professions Code §17200 class action alleging that the retailer did not disclose that certain downloadable content may not be available in connection with used video games.
• Represented an electronic payment company in a series of class actions alleging 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.
• Represented an electronic payment company in connection with claims for defamation and intentional interference arising from statements made by the client's president and CEO.
• Obtained defense judgment for the client after a two-week trial in the United States District Court for the Central District of California in connection with claims for breach of contract, fraud, quantum meruit, and breach of warranty of authority in connection with an alleged agreement with plaintiff involving the reconfiguration of two aircraft in Saudi Arabia.
• Represented a telecommunications company in a licensing dispute filed in two competing jurisdictions alleging cross-claims for breach of contract, copyright violations and declaratory relief.
• Represented a telecommunications company in Texas state court in connection with claims for breach of a settlement agreement with a competitor.
• Defended a 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.
• Represented a semiconductor company in Santa Clara Superior Court in a case alleging fraud, breach of contract, and unfair competition in connection with a licensing agreements between the parties.

Healthcare Matters

• Represented a health plan in a class action complaint in Los Angeles Superior Court alleging claims for violations of B&P Code section 17200, fraud, and money had and received arising from its allegedly improper calculation of the maximum amount of premiums that could be charged for HIPAA “guarantee availability” policies. Motion for summary judgment granted in its entirety and affirmed on appeal.
• Represented a health plan in several class actions alleging claims for violations of the California Unfair Competition Act based on the health plan's rescission of member policies. Cases settled on favorable terms.
• Representing a health plan in a representative action filed by the Los Angeles City Attorney alleging claims for violations of the California Unfair Competition Act based on the health plan's rescission of member policies.
• Represented a health plan in a class action filed on behalf of public employees who alleged that the plan used an overly restrictive definition of "medical necessity" for purposes of determining health insurance coverage. Case dismissed on demurrer and affirmed on appeal.
• Represented a health plan in a class action filed in San Francisco Superior Court on behalf of network providers whose contract rates were allegedly revised without proper notice.
• Represented a health plan in Los Angeles Superior Court in a class action filed in connection with the plan's mid-year revision to health insurance benefits.
• Represented a health plan in Los Angeles Superior Court in a class action alleging improper denial of pre-natal care based on medical necessity grounds. Case settled favorably on an individual basis.
• Represented a health plan in a class action alleging the plan used and enforced arbitration provisions that did not comply with provisions in the Insurance Code and Knox-Keene Act.
• Represented a health plan in a class action alleging over-application of deductible and co-pays.
• Represented a health plan in a case filed by a former contractor alleging claims for antitrust violations, unfair competition, tortious interference with a contract, and intentional infliction of emotional distress arising from plaintiff's termination.
• Represented a health plan in cases alleging bad faith and breach of contract arising from alleged malpractice by network providers.
• Represented a health plan in arbitration filed by a large health care provider alleging breach of contract and fraud arising from failure to pay over 6,000 claims for services provided.
• Represented a health plan in Alameda Superior Court in a bad faith case arising from alleged failure to reimburse the plaintiff for services provided by an out-of-network provider.
• Represented a prescription benefits management company in a class action alleging unfair competition arising from the 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. Case compelled into individual arbitration.
• Represented a prescription benefit management companies in connection with a class action filed on behalf of independent pharmacies alleging violation of the 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.
• Represented a prescription benefit management company in a class action filed on behalf of independent pharmacies alleging failure to reimburse in compliance with the Oklahoma Third Party Prescription Act.
• Represented a prescription benefit management company in a class action filed on behalf of similarly situated pharmacies alleging that the 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.