James A. Moody
James (Jim) Moody began his practice in 1979, first training as an associate at Hogan and Hartson and then moving on to specialize in public interest law at Capitol Legal Foundation. Following four years at the Massachusetts Institute of Technology, earning bachelor degrees in computer science and management science, he graduated from the Georgetown University Law Center in 1979, where he was Editor and Board Member of the Georgetown Law Journal. At the Capitol Legal Foundation, he worked on cases involving economic liberties, civil rights, and a broad array of deregulation policy and litigation. He then started a new public interest firm, Advocates for a Competitive Economy, in 1986.
Mr. Moody’s practice involves representing whistleblowers, including “qui tam” cases under federal and state false claims acts; applied constitutional economics; civil rights cases–especially those involving the First Amendment; consulting in science, nuclear nonproliferation, and security policy; the representation of small businesses defending against government investigations, enforcement actions, and prosecutions; and cases brought under the National Vaccine Injury Compensation Program. Among Mr. Moody’s most notable clients have been Linda Tripp (in the investigation brought by Independent Counsel Ken Starr involving Whitewater and the White House), Dr. Andrew Wakefield (a British doctor who asserted a connection between a novel form of bowel disease and autism), and General William Westmorland (in his defamation against CBS). His charitable work has included serving on the Board of Trustees (Corporation) for MIT and several Visiting Committees; on the Board of Directors for the MIT Alumni Association; and as a Director of the National Autism Association, Safeminds (a research think tank focused on autism), and the Strategic Autism Initiative. Mr. Moody’s hobbies include scuba diving, skiing, and sailing.
Among Mr. Moody’s accomplishments are:
- United States v. Henry, Supreme Court established the rule that the government may not in a criminal case use testimony from “jail plant” informants without affording a defendant of his right to counsel prior to questioning.
- Save Our Station and Simon Geller v. FCC, establishing that the First Amendment applies to FCC “structural” rules governing broadcasting.
- Westmoreland v. CBS, establishing that broadcasters cannot hide behind the “editorial process privilege” to shield violations of internal guidelines in defamation cases (and holding that CBS falsely accused General Westmoreland of conspiring to hide the true size of the enemy order of battle in Vietnam).
- Pescosolido v. Block,, establishing that producers have standing to challenge federal agricultural marketing orders.
- United States v. Sequoia Orange Company, establishing that producers may raise factual and legal defenses in actions to enforce penalties under the Agricultural Marketing Agreement Act of 1937.
- U.S. ex rel. Sequoia v. Oxnard Lemon, establishing that false statements to hide penalties due the United States are actionable under the False Claims Act as “reverse” false claims.
- U.S. ex rel. Sequoia v. Sunland, establishing that the Justice Department may not force the dismissal of qui tam actions under the False Claims Act without conducting a “fairness” hearing.
- Sequoia Orange v. Yeutter, declaring weekly quotas on citrus sold from California and Arizona unlawful.
- Riverbend Farms v. Madigan, holding that the Administrative Procedure Act applies to rulemaking under the Agricultural Marketing Agreement Act of 1937.
- Wileman v. USDA, the Supreme Court held that the First Amendment protects agricultural producers from being forced to pay a “speech tax” to fund a generic advertising program unless it is part of a comprehensive scheme of regulation displacing competition or the speech of the government itself.
- U.S. ex rel. Gale v. Packard Bell, establishing the rule that the concealed sale of used parts is actionable under the False Claims Act.
- US ex rel. Hayes v. BAE Systems, confirming that the False Claims Act protects funds held in trust under the Foreign Military Sales Act.