Jessica T. Moore is a partner in the San Francisco office of Constantine Cannon LLP. Ms. Moore has extensive litigation and trial experience in whistleblower matters and complex cases. She brings significant analytical and investigative expertise to her representation of clients.
She has represented whistleblowers in a wide variety of cases under state and federal laws, and since 2005, her practice has been exclusively under qui tam statutes and other whistleblower laws that expose, correct, and remediate fraud. Her cases have involved fraud in Medicare and other government healthcare programs, false claims in construction projects and various procurement contexts, securities fraud, and tax fraud.
Ms. Moore is one of the lead counsel in a lawsuit against UnitedHealth Group alleging the company knowingly obtained inflated risk adjustment payments based on untruthful and inaccurate information about the health status of beneficiaries enrolled in Medicare Advantage (Medicare Part C and D) Plans. The United States has intervened in this case, filing its own complaint alleging damages in the billions.
She was one of two primary attorneys representing a whistleblower in a lawsuit against DaVita Healthcare Partners, resulting in a $400 million settlement. The complaint alleged that DaVita paid doctors hidden kickbacks to get patient referrals for its dialysis centers. She was also a senior trial team member representing a whistleblower, several states, and municipalities in a successful two-month jury trial against the world’s largest manufacturer of PVC pipe. She also represented a whistleblower, schools, and public agencies as a key member of the trial team in a lawsuit against an electric utility accused of overcharging its government customers. That trial resulted in a $225 million verdict for plaintiffs.
Ms. Moore was lead counsel in a qui tam action against Mid Dakota Clinic in North Dakota alleging a kickback scheme between the medical group and its wholly owned ambulatory surgery center (ASC). The lawsuit charged that the clinic owners, whether or not they were surgeons, received a share of profits generated by their referrals to the ASC in knowing violation of the Anti-Kickback Statute (AKS) and in contravention of the ASC safe harbor. In late 2019, the clinic, an affiliated entity, and its insurer agreed to pay a total of $5.45M to settle the case. Ms. Moore and the team at Constantine Cannon represented the clinic’s former CEO, the whistleblower and relator in this False Claims Act case.
Ms. Moore was lead counsel in a successful qui tam case against a chain of sleep clinics in Northern California owned by Qualium Corporation. In that lawsuit, Defendants allegedly used unlicensed personnel to provide sleep study services and durable medical equipment to Medicare beneficiaries and performed such services in facilities unapproved by CMS. The United States intervened and the matter settled in 2016.
Ms. Moore is the author of “The False Claims Act: A weapon often overlooked,” published in Plaintiff magazine. She co-authored “The risks and rewards of medical loss ratio come to managed care,” published in Managed Healthcare Executive. She has published additional articles on whistleblower matters and participates as conference faculty concerning various developments in False Claims Act and other qui tam whistleblower laws.
Ms. Moore graduated magna cum laude from the University of California, Hastings College of the Law, in 1995, where she earned membership in the Order of the Coif and Thurston Society. She was an executive associate of the Hastings Law Journal. She was a judicial extern for the Honorable Marilyn Hall Patel, U.S. District Court for the Northern District of California. Ms. Moore received her M.Ed. in Education and B.A. in Communications Studies, magna cum laude, from the University of California, Los Angeles, where she was inducted into the Phi Beta Kappa society.
After law school, Ms. Moore clerked for the Honorable Norman H. Stahl, U.S. Court of Appeals for the First Circuit. She joined Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco where she gained experience in the areas of trade secrets, employment, false advertising, trademark, unfair competition, antitrust, product liability, environmental, and legal malpractice. She then co-founded a general practice law firm in Santa Cruz, California, that focused on civil litigation, family law, business transactions and real estate matters. From 2005 to 2015, Ms. Moore practiced law at Phillips and Cohen LLP, representing whistleblowers under the False Claims Act and other qui tam statutes. She joined Constantine Cannon in June 2015.
Ms. Moore is admitted to practice in the State of California, in the U.S. District Courts for the Northern, Central, Eastern and Southern Districts of California, and the District of Colorado.
Ms. Moore’s community and pro bono activities have included: the McFetridge Inn of Court, the Bar Association of San Francisco’s Volunteer Legal Services Program, and service on the Silicon Valley Boychoir board of trustees.
♦ Visitations at Florida long-term care facilities to resume but with limitations: Gov. DeSantis (I-Team investigator, Adam Walser) – Ms. Moore interviewed at 1:35.
♦ Assisted living facility cited after COVID-19 positive resident wanders from room, falls on patio (I-Team investigator, Adam Walser) – Ms. Moore interviewed at 2:20.
gCaptain publishes Op-Ed by Jessica Moore, Recent APPS Case Shows Importance of Whistleblowers. Click here to read more.Read More