Covington & Burling LLP | Biographies

Mark Mosier is an associate who practices in the areas of appellate litigation, administrative law, and white collar criminal defense. Mr. Mosier has represented clients in more than two dozen appeals in both federal and state appellate courts, including the Supreme Court of the United States. Before joining the firm, he was a law clerk to Chief Justices John G. Roberts, Jr. and William H. Rehnquist of the U.S. Supreme Court, and to Judge Deanell R. Tacha of the U.S. Court of Appeals for the Tenth Circuit.

Representative Matters

In re Zyprexa Products Liability Litigation (U.S. Court of Appeals for the Second Circuit 2010). Mr. Mosier represented Eli Lilly and Company in this major class action appeal. Plaintiffs sought billions of dollars in damages under the federal RICO statute based on allegations that Lilly made misrepresentations about the safety and efficacy of its best-selling medication Zyprexa. The district court denied Lilly’s motion for summary judgment and certified a class of tens of thousands of insurance companies, pension funds and other “third party payor” plaintiffs. After granting Lilly’s request for permission to take an interlocutory appeal, the court of appeals held that the case could not proceed as a class action because plaintiffs needed individualized evidence of causation and injury to prove their claims. The court of appeals also ruled that Lilly was entitled to summary judgment on plaintiffs’ claim that the price of Zyprexa was too high.
In re: Family Dollar FLSA Litigation (U.S. Court of Appeals for the Fourth Circuit 2011). Mr. Mosier represented Family Dollar Stores in this appeal under the Fair Labor Standards Act. The court of appeals held that a store manager’s primary duty was management, and that she was exempt from the overtime requirements of the FLSA.
United States ex. rel Rost v. Pfizer, et al. (U.S. District Court for the District of Massachusetts and U.S. Court of Appeals for the First Circuit). Mr. Mosier represents Pfizer Inc. in qui tam False Claims Act case involving alleged kickbacks to doctors and off-label promotion of human growth hormone product. The district court granted summary judgment for Pfizer and the case is currently on appeal in the U.S. Court of Appeals for the First Circuit.

Previous Experience

University of Kansas School of Law, adjunct professor (2005)
San Francisco Giants, minor league baseball player (1997-1999)

Honors and Rankings

Member of University of Chicago Athletics Hall of Fame (2005)

Pro Bono

Robertson v. United States ex. rel. Watson (U.S. Supreme Court 2010). Mr. Mosier represented the Respondent in a case that raised the question whether victims of domestic violence can pursue criminal contempt sanctions for violation of a protective order. The Supreme Court dismissed the case, leaving the lower court’s decision in favor of Respondent as the final decision in the case.
Mr. Mosier briefed and argued an appeal in the U.S. Court of Appeals for the Sixth Circuit on behalf of a defendant who pled guilty to access device fraud.
Mr. Mosier represents parents of deaf children who use cochlear implants in a challenge to the Department of Education’s regulations that exclude mapping of cochlear implants from the services available to children with disabilities under the Individuals with Disabilities Education Act. The case is currently on appeal in the U.S. Court of Appeals for the D.C. Circuit.