• Barry S. Landsberg

    Partner
    blandsberg@manatt.com
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    Los Angeles
    Direct: 310.312.4259
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    Emory Law School, J.D., 1980
    Editor, Emory Law Journal

     

    University of Maryland, B.A., summa cum laude, 1977
    Phi Beta Kappa, Phi Kappa Phi, Phi Alpha Theta

    Bar Admissions

    California

    Washington, D.C.

    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Barry Landsberg is a health industry litigation partner, who has made landmark law for hospitals, nursing homes, and other healthcare providers and insurers. Mr. Landsberg also has won several first-impression cases for hospitals before the California Supreme Court and the California Court of Appeal.

    Mr. Landsberg tries cases and handles appeals of complex business and health regulatory litigation disputes arising under the Unfair Competition Law, the False Claims Act, RICO, as well as commercial contract and business torts matters. Mr. Landsberg also regularly handles hospital/physician medical staff and antitrust cases.

    Mr. Landsberg is recognized annually in various health industry publications as a preeminent health industry litigator. He is a frequent author and lecturer on California hospital and Unfair Competition Law and other health law litigation developments. He is a member of the Board of Directors of the California Society for Healthcare Attorneys.

    Mr. Landsberg sat on the Manatt Board of Directors continuously from 1998 through 2009.  He also Co-Chaired Manatt’s national Litigation Division from 2000 through 2006, and he Co-Chaired Manatt’s Appellate Practice Group from 2007 through 2009.

    Representative Matters

    • El-Attar v Hollywood Presbyterian Medical Center, _ Cal. 4th _ (2013) (Argued and won for two amici hospital system clients Supreme Court decision upholding the termination of the physician's medical staff membership and privileges. The Court adopted our amici clients' argument that minor violations of medical staff bylaws regarding selection of the peer review hearing panel and hearing officer were insufficient to overturn the hospital's decision to terminate the physician based on substantial evidence of the physician's substandard patient care).
    • Bruce Ellison, M.D. v. Sequoia Health Services, 183 Cal. App. 4th 1486 (1st Dist. 2010) (Upholding hospital client’s termination of a physician for dishonesty in reporting his professional training and qualifications).
    • Colonial Medical Group v. Catholic Healthcare West, et al. (N.D. Cal. May 2010) appeal pending (9th Circuit) (dismissal of medical group's antitrust claims challenging hospital client's exclusive services contract for services to prison inmates of Central California prisons).
    • Pourzia v. St. Mary Medical Center, Catholic Healthcare West, et al., 2009 WL 1842664  (2d. Dist. 2009) (unpublished) (affirmed judgment for client hospital, dismissing physician’s petition for writ of mandate challenging summary suspension and termination of medical staff membership and privileges). 
    • Blau v. Northridge Hospital Medical Center, et al. (1st Dist. 2007) (upholding client hospital’s exclusion of disruptive physician).
    • Alvarado v. Selma Convalescent Hospital, 153 Cal. App. 4th 1292 (2d Dist. 2007) (First-impression decision affirming dismissal, on demurrer, of Unfair Competition Law action against client nursing homes for alleged violations of statutory nurse hours staffing requirements. The court held that the equitable abstention doctrine foreclosed the plaintiff’s attempt to usurp the assigned state agency’s regulatory authority over nurse staffing).
    • Kibler v. Northern Inyo County Local Hospital District, 39 Cal. 4th 192 (2006) (first-impression Supreme Court ruling, applying California’s anti-SLAPP statute to private hospital peer review as “official proceedings authorized by law”).
    • Figueroa v. Northridge Hospital Medical Center, et al., 138 Cal. App. 4th 10 (2d Dist. 2005) (first-impression decision, dismissing appeal in proposed class action against client hospital system, alleging violations of the Labor Code and Unfair Competition Law).
    • CMC Medical Plaza Partners Ltd v. Catholic Healthcare West, et al., No. B177173, 2006 WL 45874 (2d Dist. 2006) (Affirming the dismissal, on demurrer, of action claiming breaches of contract and fiduciary duty against client hospital, for allowing construction of an affordable low-income housing project located near the hospital and the offices of the plaintiff, a physician limited partnership. The trial court also awarded the client’s prevailing party attorneys’ fees).
    • Pitluck v. Beverly Enterprises, et al., No. B179680 (2d Dist. 2005) (affirming dismissal of Unfair Competition Law action against client nursing home providers, alleging unlawful and unfair practices relating to the purchase of indemnity insurance for claims made under California’s Elder Abuse Act).
    • Solomon v. U.S. Trust Company, B163813 (2d Dist. 2004) (obtained reversal of summary judgment and reinstatement of investor’s claims for breach of fiduciary duty and negligence against securities broker/dealer).
    • Olszewski v. Scripps Health, 30 Cal. 4th 798 (2003) (affirming dismissal of Business & Professions Code Section 17200 claims against hospitals for enforcing liens in personal injury actions by Medi-Cal-insured former hospital patients).
    • Blau v. Catholic Healthcare West, et al., No. B157516, 2003 WL 550307 (2d Dist. 2003)(affirming dismissal of damages action by terminated physician against client hospital, based upon the physician’s failure to exhaust administrative remedies).
    • Swanson v. St. John’s Regional Medical Center, 97 Cal. App. 4th 245 (2d Dist. 2002) (upholding hospitals’ third-party lien rights, and affirming dismissal of Unfair Competition Law claim against California’s largest acute-care hospital system).
    • Grauberger v. Saint Francis Hospital, et al., 169 F. Supp. 2d 1172 (N.D. Cal. 2002) (obtained dismissal of RICO claims against hospital system for alleged improper lien and pricing practices).
    • Congress of California Seniors v. Catholic Healthcare West, 87 Cal. App. 4th 491 (2d Dist. 2001) (holding that Medicare and Medicaid laws preempt Unfair Competition Law action by union claiming that hospital submitted false Medicare and Medi-Cal cost reports).
    • Crusader Insurance Co. v. Scottsdale Insurance Co., 54 Cal. App. 4th 121 (2d Dist. 1997) (affirming dismissal of action against client insurer on grounds that plaintiff stated no private right of action, including under Cal. Bus. & Prof. Code § 17200, to sue for violations of California’s Insurance Code).
    • Oskooi v. Fountain Valley Regional Hospital and Medical Center, 42 Cal. App. 4th 233 (4th Dist. 1996) (upholding hospital’s decision to terminate physician based upon material omissions in medical staff application).
    • Ledergerber v. Fountain Valley Regional Hospital and Medical Center, GO13843 (4th Dist. 1995) (affirming hospital’s decision terminating physician’s medical staff privileges).
    • City of Hope National Medical Center v. Superior Court (Western Life Ins. Co.), 8 Cal. App. 4th 633 (2d Dist. 1992) (first-impression decision establishing that an insurer was prohibited by law from seeking restitution of insurance benefits allegedly paid by mistake to hospital for cancer treatment the insurer contended was excluded from coverage as experimental treatment).
    • Freedman v. Pacific Gas & Electric Co., 196 Cal. App. 3d 696 (1st Dist. 1987) (successful defense and dismissal of plaintiff’s action based upon plaintiff’s delay in prosecution, notwithstanding the plaintiff’s attorney’s disbarment for grand theft of another client).
    • United States of America v. National Medical Enterprises, Inc., 107 F.R.D. 628 (E.D. Cal. 1985), (affirmed in part, vacated and remanded in part), 792 F.2d 906 (9th Cir. 1986) (successful defense of Clayton Act §7 action brought by the Department of Justice’s Antitrust division seeking the divestiture of hospital acquired by defendant. This case was the first and only reported case in which an action brought by the federal government was dismissed with prejudice based upon prosecutorial misconduct by government counsel).
    • Humana of Aurora, Inc. v. Heckler, 753 F.2d 1579 (10th Cir. 1985) (prevailed in action by hospital client challenging federal Medicare reimbursement regulation).

    Honors & Awards

    "Top-Ranked Healthcare Attorney,” Chambers USA, 2006-2013.

    Mr. Landsberg was chosen as one of the “2003 Outstanding Healthcare Litigators” by Nightingale’s Healthcare News and selected by his peers to be listed in The Best Lawyers in America for more than ten years.

    Publications

    Co-Author, "Who is in Charge of Our Hospitals?," Los Angeles Daily Journal, August 27, 2013.

    Co-Author, “5th Circ. Reversal Of Poliner Restores Order,” Health Law360, August 8, 2008.

    Limiting Legal Scope,” Los Angeles Daily Journal, February 7, 2008.

    Co-Author, “Federal Courts Reject Erin Brockovich’s Latest Pitch,” ABA Health eSource, April 2007.

    Co-Author, “The UCL and You: Recent Developments in California’s Unfair Competition Law and Their Effect on Healthcare Providers and Payors,” California Health Law News 15, Summer 2007.

    Co-Author, “Hospitals Litigate Their Right to Place and Collect Third-Party Liens in Personal Injury Cases – With Mixed Results,” California Health Law News 11, Fall 2002/Winter 2003.

    Co-Author, “Nursing Homes Face Quality-of-Care Scrutiny Under the False Claims Act,” Healthcare Financial Management, January 2001.

    Co-Author, “The California Supreme Court’s Decision in Potvin Provides Little Guidance on the Scope of the Fair Procedure Doctrine for Managed Care Physicians,” California Health Law News 5, Fall 2000/Winter 2001.

    Co-Author, “Mixed Manna,” Los Angeles Daily Journal, September 15, 2000.

    Co-Author, “Courts Hostile to Insurers Reneging on Hospital Payments,” HealthSpan, The Report of Health Business and Law, Vol. 10, January 1993.

    Memberships & Activities

    Admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Courts for the Central District of California and the Northern District of California.  Admitted to practice in California and the District of Columbia.

    Member, Board of Directors, California Society for Healthcare Attorneys.

    Member, American Law Institute.

    Member, American Health Lawyers Association.

    Member, California Society for Health Care Attorneys.

    Speaking Engagements

    Speaker, “Health Litigation Update,” California Society for Healthcare Attorneys Annual Seminar, April 2008.

    Speaker, “17200 Litigation Gone Amok: Good Laws Made Bad?” California Society for Healthcare Attorneys 2004 Fall Seminar, November 2004.

    Panelist, “Third Party Recovery – or Liability?” Teleconference sponsored by The American Bar Association Health Law Section and The Center for Continuing Legal Education, April 2003.

    Speaker, “Hospital Liens: Current Legal Challenges,” to the VHA, a 2200-member nationwide network of community-owned healthcare systems and their physicians, July 2002 and April 2003.

    Speaker, “Medical Staff Law,” as part of graduate course in Healthcare Law given at the University of Southern California School of Public Administration, with Terri D. Keville and Sherwin L. Memel, June 1993, January 1994, February 2002, and January 2003.

    Panelist, “Does Business & Professions Code Section 17200 help or hurt California Consumers?” A roundtable discussion published in Verdicts & Settlements, a supplement to the Los Angeles Daily Journal, June 27, 2001.

    Lecturer, “Compliance Issues in Long-Term Care,” Region 9 Health Care Compliance Association Conference, Phoenix, AZ, April 1999.

    Lecturer, “False Claims Act Litigation Against Skilled Nursing Facilities,” Second Annual National Congress on Healthcare Compliance, Washington, DC, February 1999.

    Speaker, “Physician Integrity and Other Non-Medical Issues in Credentialing,” National Health Lawyers Association Conference on Physicians and Hospitals, April 1996 and May 1997.

    Speaker, “Recent Developments in Resident’s Rights,” National Health Lawyers Association Conference on Long-Term Care, January 31, 1996.

    Speaker, “Transfer Trauma as a Legal Issue in Long-Term Care,” National Health Lawyers Association Long-Term Care and the Law Conference, with Terri D. Keville, January 21, 1994.