Mr. Moffat received his J.D. in 1981 from the J. Reuben Clark Law School. Since graduation he has worked in the Los Angeles office of Bonne, Bridges, Mueller, O'Keefe and Nichols. He was made a shareholder with the firm in 1987. In 1995, he was asked to fill the role of Administrative Shareholder for the firm. From 1999 to 2005, he directed the firm as the Chief Operating Officer.
Throughout his years of practice, Mr. Moffat has personally handled dozens of trials, arbitrations and appeals, all of which dealt with claims related to medical practice. In addition, he has been involved in the creation and operation of a variety of insurance companies designed to handle risks associated with medical malpractice and managed care.
He recently revised, expanded and republished his book Standards of Care in Emergency Medicine (Aspen Publishers, Inc., 2008), co-authored with Dr. Herb Wigder. Other published articles and presentations include topics such as "Do Managed Care Incentives Increase Liability?," "Liability for Peer Review," "Defense Strategies for Managed Care Liability," "Procedural and Legal Requirements for Running an Insurance Company," "The Practical Aspects of a Foreign Captive Insurance Company," "Utilization of Captives for the Health Care Industry" and "Beyond Malpractice: Liabilities in the Managed Care Arena."
J.D., J. Reuben Clark Law School (1981)
B.A., Brigham Young University (1978)
Major: History; Minor: Philosophy
United States Supreme Court (1987)
United States Court of Appeals for the Ninth Circuit (1982)
United States District Court for the Central District of California (1982)
United States District Court for the District of Arizona (1992)
California State Bar (1981)
Bonne, Bridges, Mueller, O'Keefe and Nichols
: 1981 - 2006
- Elected shareholder in 1987
- Administrative Shareholder from 1995 to 1999
- COO from 1999 to 2005
Lead counsel in multiple jury trials, arbitrations and appeals related to all aspects of medicine, health care and insurance law. Involved with the creation and operation of numerous insurance companies created to handle risks associated with medical practice and managed care. Counseled and advised corporate and other clients in matters of risk management in fields related to health care.
The Captive Counsel Law Group, Inc.
: 2006 - Present
General Counsel to small, private and captive insurance companies related to creation, operation and defense of insurance clients. Oversee claims management, risk management and defense counsel for captive insurance companies.
Upland Anesthesia Medical Group v. The Doctors' Company, 100 Cal. App 4th 1137 (2002)
Withholding care from indigent women was an intentional act and properly excluded from coverage under insurance policy.
Austin v. McNamara, 979 F.2d 728 (9th Cir. 1992)
Upheld district court's dismissal of an antitrust suit granted based on immunity for peer review activities provided in the Health Care Quality Improvement Act of 1986.
Austin v. McNamara, 731 F.Supp. 934 (C.D.Cal. 1990)
Motion for dismissal granted.
Neeb v. Superior Court, 314 Cal. App 3d 693, 262 Cal.Rptr. 887 (1989)
Upheld order protecting attorney work product from discovery by client in legal malpractice suit.
Unpublished Appellate Opinions and Briefs:
John Doe v. Independent Consultant Pharmacist Services
, B 171398, December 22, 2004
Rodriguez v. D'Ambrosio, B 170463, December 22, 2004 (oral argument only)
Ngangu v. Linh, B 159201, November 13, 2003 (oral argument only)
Spencer v. Hanson Medical Group, 2nd Civil No. B095442, September 4, 1997
Nation v. Charter Community Hospital, 2nd Civil No. B095535, September 18, 1996
Hughes v. Magan, 2nd Civil No. B098678, August 21, 1996
Fykes v. Schwartz, 2nd Civil No. 67553, October 22, 1984
Sych v. Innes, 2nd Civil No. 61733, December 8, 1982
Kennedy v. Radovan, 2nd Civil No. B009138
Gangestad v. Chugay, 2nd Civil No. B018205