• Andrew H. Struve

    Partner
    astruve@manatt.com
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    Costa Mesa
    Direct: 714.338.2757
    General: 714.371.2500
    Fax: 714.371.2550

    Education
    Western State University College of Law, J.D., summa cum laude, 1998.
    Bar Admissions
    California
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Mr. Struve’s practice focuses on complex commercial litigation and unfair competition actions, with a particular expertise in healthcare, private equity, insurance and the defense of consumer suits. In the healthcare field, Mr. Struve co-chairs the Firm’s Healthcare Litigation practice, and has litigated class and other representative actions, federal and state qui tam litigation, antitrust suits, RICO actions, managed care contracting suits, earnout disputes, partnership actions, bad faith claims and payment disputes, as well as conducted numerous internal investigations and compliance audits. In the managed healthcare and insurance fields, Mr. Struve has litigated numerous class actions and individual unfair business practices suits, bad faith actions, and rescission litigations. Mr. Struve also has represented clients in trials and other litigation of significant matters involving real estate, title insurance, intellectual property, false advertising, employment, misappropriation of trade secrets, product liability, professional liability, partnerships, indemnity, contribution, subrogation, and other areas of the law, and has served as regulatory counsel and governance advisor to healthcare clients. In addition to leading litigation teams in healthcare disputes in federal and state courts across the United States, Mr. Struve also serves as national governance, regulatory and compliance counsel for a number of companies, and leads teams of firm professionals managing all aspects of clients’ multidisciplinary legal functions.

    Mr. Struve has performed these services for Dignity Health (formerly known as Catholic Healthcare West), Kindred Healthcare, Sun Healthcare Group, Inc., HealthSouth, Blue Shield of California, Tenet Healthcare Corporation, Assurant Health, Community Dental Services, The Boeing Company, and others.

    Representative Matters

    • Walsh v. Kindred Healthcare et al. 798 F.Supp.2d 1073 (N.D. Cal. 2011) (dismissal of Unfair Competition Law claim against nursing homes for alleged understaffing of facilities).
    • 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).
    • Alvarado v. Sun Healthcare et al, 153 Cal.App.4th 1292 (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).
    • 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).
    • Pitluck v. Beverly Enterprises et al., No. B179680 2d Dist. Nov. 10, 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).
    • 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).
    • 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

    Valedictorian, Western State Univ. College of Law, 1998.

    Voted a Southern California “Rising Star” by Super Lawyers magazine in 2007.

    Publications

    Memberships & Activities

    Member, American Law Institute, American Health Lawyers Association, California Society for Healthcare Attorneys, Los Angeles County Bar Association, Orange County Bar Association, and American Bar Association.

    Secretary and Treasurer, Friends of the Los Angeles County Law Library.

    Domestic Violence Counselor, Legal Aid Foundation of Los Angeles.

    Admitted to practice, State Bar of California, 1999; United States District Court for the Central District of California, 1999; United States District Court for the Northern District of California, 2000.

    Research Assistant to the Hon. Edward J. Wallin (Ret.), 1997.

    Speaking Engagements

    Presentations on “Healthcare Compliance and Fraud & Abuse Legal Developments” to over 200 physicians and hospital executives, October 2013 and May 2014.

    With Jessica Slusser, Presentation on “Persuasive Legal Writing,” Live Webcast presented by New Media Legal Publishing and West LegalEdCenter, April 17, 2013.

    With Robert Fabrikant, Presentation on “Health Care Law and Ethics Spotlight: Current Legal Ethics Issues for In-House Attorneys,” Live Webcast presented by New Media Legal Publishing and West LegalEdCenter, December 9, 2009.

    With Professor Catherine T. Struve of The University of Pennsylvania, Presentation on “The American Law Institute, An Insider’s Perspective,” September 2007.

    With Barry Landsberg, Presentation on “Hospital Liens: Current Legal Challenges,” to the VHA, a 2200-member nationwide network of community-owned health care systems and their physicians, July 2002 and April 2003.