Mark W Mosier

Mark Mosier is a partner 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 Assisted in briefing in the U.S. Supreme Court the question whether the Anti-Injunction Act temporarily bars challenges to the minimum coverage provision of the Patient Protection and Affordable Care Act of 2010. The Supreme Court held that the Anti-Injunction Act did not bar the suit and that the minimum coverage provision was constitutional because it fell within Congress’s power under the Taxing Clause. National Federation of Independent Business v. Sebelius. Represented a manufacturer in an insurance coverage appeal in the U.S. Court of Appeals for the Fourth Circuit, briefing and arguing the question whether the district court had personal jurisdiction over the foreign insurer, as well as numerous issues regarding the enforceability of arbitration clauses in insurances policies issued by a foreign insurer. The Fourth Circuit held that the court had personal jurisdiction and that arbitration clauses were enforceable. Represented Eli Lilly and Company in a major class action appeal in the U.S. Court of Appeals for the Second Circuit, in which 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. After the district court denied Lilly’s motion for summary judgment and certified a class of tens of thousands of “third party payor” plaintiffs, the Second Circuit reversed those decisions, holding that the case could not proceed as a class action, and that Lilly was entitled to summary judgment on plaintiffs’ claim that the price of Zyprexa was too high. In re Zyprexa Products Liability Litigation. Represented Family Dollar in a Fair Labor Standards Act appeal in the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit affirmed the district court’s decision granting summary judgment for Family Dollar, holding that the former store manager was not entitled to overtime pay under the FLSA because her primary duty was management. In re: Family Dollar FLSA Litigation. PREVIOUS EXPERIENCE University of Kansas School of Law, adjunct professor (2005) San Francisco Giants, minor league baseball player (1997-1999) HONORS AND RANKINGS Washington DC Super Lawyers, "Rising Star" (2013) Member of University of Chicago Athletics Hall of Fame (2005) PRO BONO Represented the Respondent in a U.S. Supreme Court 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. Robertson v. United States ex. rel. Watson. Briefed and argued an appeal in the U.S. Court of Appeals for the D.C. Circuit regarding the validity of 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. 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. MEMBERSHIPS AND AFFILIATIONS Edward Coke Appellate Inn of Court