• Joanna S. McCallum

    Partner
    jmccallum@manatt.com
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    Los Angeles
    Direct: 310.312.4370
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    University of Southern California Law School, J.D., 1996.
    Order of the Coif.
    Editor-in-Chief, Southern California Law Review, 1995-1996.


    George Washington University, M.Acct., 1986.


    New York University, B.F.A., 1983.  

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

    Profile

    Joanna McCallum’s practice focuses on appellate matters and business litigation, specializing in the areas of healthcare law, insurance law, unfair competition, RICO, ERISA, anti-SLAPP, and antitrust law. She has represented hospital systems, health insurers, nursing homes, finance companies, and multi-employer pension trusts in a variety of appellate and litigation matters in federal and state courts.

    Ms. McCallum served as law clerk to the Honorable Kim McLane Wardlaw in the United States District Court for the Central District of California (now on the Ninth Circuit) in 1996 - 1997.

    Representative Matters

    • Vitug v. Holder, __F.3d__ (9th Cir. 2013) (obtained reversal of decision of Board of Immigration Appeals to remove petitioner from United States for failure to establish persecution in his native country; Ninth Circuit ruled that Board had improperly found facts and ignored the factual findings of the Immigration Judge, and that persecution was clearly established such that order of removal should be withheld)
    • Mendoza v. Health Net, Inc. (Los Angeles County Superior Court July 9, 2013) (obtained dismissal of suit challenging the way that health plans and insurers determine whether requested services are "medically necessary")
    • El-Attar v Hollywood Presbyterian Medical Center, _ Cal. 4th _ (2013) (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).
    • Simmons v. California Physicians' Service, 2013 WL 794377 (March 5, 2013) (affirming summary judgment in favor of health plan where plaintiff sought coverage for treatments that were not medically necessary under the terms of his health plan)
    • Gillis v. Warner Bros. Home Entertainment, 2012 WL 5862834 (Nov. 20, 2012) (affirming summary judgment for employer on claim for termination in violation of Sarbanes-Oxley Act)
    • Van Slyke v. California Physicians' Service, 2012 WL 3337629 (Aug. 15, 2012) (holding health plan had no duty to inform member that plans with different or less expensive coverage were available)
    • Rea v. Blue Shield of California, 2012 WL 2377405 (Cal. Superior Ct. June 13, 2012) (first-impression ruling from California court interpreting California's Mental Health Parity Act)
    • IV Solutions, Inc. v. Blue Shield of California, 2011 WL 4453159 (Sept. 27, 2011) (affirming summary judgment for health plan where treatment was not medically necessary and no pre-authorization was obtained)
    • Pinkard v. Blue Shield of California, 2011 WL 3240823 (July 29, 2011) (affirming summary judgment for health plan on breach of contract claim)
    • USA v. State of Arizona, 2011 U.S. App. LEXIS 7413 (Apr. 11, 2011) (represented amicus curiae in briefing regarding impact of Arizona immigration law on women and children
    • Harris v. CashCall, Inc., 2011 Cal. App. Unpub. LEXIS 2215 (March 24, 2011) (affirming judgment for defendant following court trial alleging violation of California’s pregnancy leave laws)
    • California Medical Association v. Blue Shield of California, Alameda Co. (Mar. 23, 2011) (obtained dismissal on anti-SLAPP motion of putative class action challenging “Blue Ribbon” rating system for doctors)
    • Levine v. Blue Shield of California, 189 Cal. App. 4th 1117 (2010) (affirming dismissal on demurrer; holding that health plan has no common-law duty to inform a subscriber of various ways that coverage could be structured to obtain a lower rate)
    • Nieto v. Blue Shield of California Life & Health Insurance Co., 181 Cal. App. 4th 60 (2010) (affirming summary judgment for insurer and making new law on issues of postclaims underwriting and an insurer’s right to rescind)
    • Ellison v. Sequoia Health Services, 183 Cal. App. 4th 1486 (2010) (upholding hospital’s termination of a physician for dishonesty in reporting his professional training and qualifications)
    • Zubowicz v. Hospital Association of Southern California et al., 2010 Cal. App. Unpub. LEXIS 9045 (Nov. 16, 2010) (affirming grant of summary judgment for hospital on antitrust claims brought by putative class of nurses alleging that hospitals conspired to fix nurse overtime wages)   
    • McVeigh v. General Mills Sales, Inc., 2010 Cal. App. Unpub. LEXIS 155 (Jan. 11, 2010) (affirming dismissal of unfair competition suit alleging that defendant’s snack boxes were illegal slot machines)
    • Association of California Life & Health Insurance Companies v. California Department of Insurance, Sacramento Co. (Dec. 30, 2010) (obtained peremptory writ of mandate invalidating regulations issued by the Department of Insurance)
    • Pourzia v. St Mary Medical Center, 2009 Cal. App. Unpub. LEXIS 5293 (June 29, 2009) (affirming judgment for hospital and dismissing physician’s petition for writ of mandate challenging summary suspension and termination of medical staff membership and privileges
    • Boone v. S &F Management Co., 2009 Cal. App. Unpub. LEXIS 7688 (Sept. 24, 2009) (affirming dismissal of putative class action claims under the Unfair Competition Law and Consumer Legal Remedies Act based on alleged violation of nursing home laws)
    • Love v. Blue Cross Blue Shield Association, 2009 U.S. Dist. LEXIS 25247 (S.D. Fla. 2009)  (obtained dismissal of RICO class action claims against insurer regarding physician reimbursement)
    • Watanabe v. California Physicians’ Service, 169 Cal. App. 4th 56 (2008) (affirming jury verdict for health plan, and making new law concerning whether health plans may be liable for decisions made by delegated medical groups)
    • Davis v. Pacific Capital Bank, N.A., 550 F.3d 915 (9th Cir. 2008) (affirming dismissal of putative class action under the Unfair Competition Law alleging that defendant failed to refund allegedly unearned interest charged in connection with income tax refund anticipation loans)
    • California Physicians’ Service v. Superior Court (White), 2008 Cal. App. Unpub. LEXIS 10254 (Dec. 17, 2008) (obtained peremptory writ of mandate directing trial court to vacate denial of summary judgment and to enter summary judgment in favor of third-party administrator of health plan, holding that administrator was not liable to health plan member for denial of benefits by self-insured plan)
    • Espinoza v. California Physicians’ Service, 2008 Cal. App. Unpub. LEXIS 7742 (Oct. 2, 2008) (affirming dismissal of subscriber’s claims against health plan for failure to allege violation of duty)
    • Leckler v. CashCall, Inc., 2008 U.S. Dist. LEXIS 97439 N.D. Cal. Nov. 21, 2008) (obtained dismissal for lack of subject matter jurisdiction of putative class action alleging violation of the Telecommunications Consumer Protection Act)
    • Solomon v. Blue Cross Blue Shield Association, 574 F. Supp. 2d 1288 (S.D. Fla. 2008)  (obtained dismissal of RICO class action claims regarding health professional reimbursement)
    • Alvarado v. Selma Convalescent Hospital, 153 Cal. App. 4th 1292 (2007) (affirming trial court’s decision to abstain from adjudicating unfair competition action challenging nursing homes’ alleged violation of statutory staffing requirements)
    • Blau v. Northridge Hospital Medical Center, 2007 Cal. App. Unpub. LEXIS 6809 (Aug. 22, 2007) (upholding hospital’s exclusion of disruptive physician)
    • Brockovich v. Kindred Healthcare, Inc., (C.D. Cal. Oct. 2006) (obtained dismissal on the pleadings of claims against hospitals and nursing homes seeking to recover sums allegedly due the federal government under the Medicare Secondary Payer Act)
    • Corapi v. Tenet Healthcare Corp., Shasta Co.(settled 2006) (represented hospital owner in qui tam suit under the Insurance Code alleging submission of false health insurance claims)
    • Pitluck v. Beverly Enterprises et al., 2005 Cal. App. Unpub. LEXIS 10376 (Nov. 10, 2005) (affirming dismissal of claims against skilled nursing facilities, holding that providers’ alleged purchase of insurance that covered claims for “reckless” conduct did not violate California’s statutory ban and public policy against insurance coverage for willful conduct)
    • Solomon v. U.S. Trust Company, 2004 Cal. App. Unpub. LEXIS 4073 (Apr. 26, 2004) (obtained reversal of summary judgment and reinstatement of investor’s claims for breach of fiduciary duty and negligence against securities broker/dealer)
    • Swanson v. St. Johns Regional Medical Center, 97 Cal. App. 4th 245 (2002) (affirming dismissal on demurrer of unfair competition suit challenging hospital’s right to assert statutory liens)

    Honors & Awards

    Publications

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

    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, “Federal Courts Reject Erin Brockovich's Latest Pitch,” ABA Health eSource, April 2007.

    Co-Author, “ERISA Doesn’t Pre-empt State Suits Seeking Reimbursement,” Los Angeles Daily Journal, April 19, 2004.

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

    “Hardship Excuses and Occupational Exemptions:  the Impairment of the Fair Cross-Section of the Community,” Note, 69 S. Cal. L. Rev. 155 (1995).

    Case summaries for Manatt health law and unfair competition newsletters.

    Memberships & Activities

    Member, State Bar of California.

    Admitted to practice in California, United States Courts of Appeals for the Fifth and Ninth Circuits, and United States District Courts for Central, Northern and Eastern Districts of California.

    Speaking Engagements