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  • Joseph E. Laska
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Joseph E. Laska

Partner

Health Care Litigation
Contact
  • jlaska@manatt.com
  • Phone: 415.291.7446
  • Download vCard
  • San Francisco
Bar Admissions
  • California
Education
  • University of California, Los Angeles, School of Law, J.D., 2002

    American University, B.A., University Honors in International Relations, 1998

    University of Paris, La Sorbonne, Paris, France, 1997

Services
  • Antitrust and Competition
  • Appellate
  • Class Actions
  • Health Care Litigation
  • Litigation
Industries
  • Manatt Health

Show Full Bio

  • Profile
  • Experience
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Joe Laska defends managed health care plans and insurance companies in complex state and federal litigation, arbitration, and regulatory and administrative disputes, with particular emphasis on class actions, ERISA litigation and the evolving area of mental health care. His clients include several of the nation’s leading health care plans and insurance companies, including the largest nonprofit health care service plan in California. Joe works with these clients to successfully navigate complex litigation, trials, class actions and settlements, regulatory disputes and negotiations, and appeals. In 2017, Joe was honored to be named one of the top 40 lawyers under 40 by the Daily Journal.

In addition, Joe is actively involved in pro bono and charitable work, including serving on the national board of Little Kids Rock, a nationwide nonprofit organization dedicated to restoring and revitalizing music education in public schools.

Experience

Experience

Representative Cases

  • Lead trial and appellate counsel defending numerous health care service plans and insurance companies in dozens of individual and putative class actions, in both ERISA and non-ERISA contexts, alleging failure to cover medically necessary residential treatment and other levels of mental health treatment. Those actions that have gone to trial have led to wins that have been upheld on appeal.
  • Lead trial counsel defending a health care service plan in a putative class action alleging constitutional violations arising out of UIM recoupment practices. Prevailed at bench trial.
  • Representing a health care service plan in a high-profile investigation by the California Attorney General into mental health parity practices.
  • Lead counsel for a health care service plan in a putative class ERISA action challenging practices with respect to autism therapy. Defeated class certification and disposed of remaining individual claim on standing grounds.
  • Lead counsel representing a national health care service plan in a high-profile putative nationwide class action alleging failure to review medical records as part of medical necessity determinations. Served a Rule 11 motion promptly after the case was filed. Within the 21-day safe-harbor period and before the deadline to respond to the complaint, the plaintiff voluntarily dismissed the entire action.
  • Took over a putative class action filed against a health care service plan, after four years of litigation. Drafted a motion for judgment on the pleadings and, within four months, obtained complete dismissal.
  • Lead trial and appellate counsel for a health care service plan in a putative ERISA class action alleging systemic failure to arrange for residential treatment. Prevailed on a precertification motion for summary judgment, defeated subsequent motion for reconsideration, and prevailed on appeal.
  • Represented a health care service plan and health insurer in one of the first cases challenging conduct under the Affordable Care Act. Defeated class certification and drafted successful appellate papers.
  • Lead counsel representing a health care service plan in a putative class action alleging failure to give timely notice of premium increases. Prevailed on a precertification motion for summary judgment and defeated a subsequent motion for new trial, leading to dismissal of the entire action.
  • Lead trial and appellate counsel representing a health care service plan and health insurer in a series of high-profile putative class actions involving alleged failure to deliver medically necessary mental health treatment to members. Settled one putative class action on a nonclass basis, obtained complete dismissal of another plaintiff’s claims on ERISA preemption grounds, defeated class certification of another action, substantially narrowed one remaining class action through pleading challenges and motion practice, and disposed of final action on summary judgment. Serving as lead counsel on appeal.
  • Lead counsel for two out-of-state insurance companies in related putative nationwide class actions alleging failure to serve premium notices, as well as individual claims for breach of contract and bad faith. Drafted motions for summary judgment on all the individual claims, leading to voluntary dismissal. Negotiated a voucher-based settlement of the remaining class claims, valued at a small fraction of the companies’ potential liability.
  • Represented a health insurer in a putative class action alleging its recoupment practices violated unfair competition laws. Before the deadline to respond to the complaint, secured voluntary dismissal of the entire action.
  • Lead counsel for a health care service plan in a class action alleging violations of the California Reconstructive Surgery Act. Negotiated and administered a nonmonetary classwide settlement.
  • Lead counsel for a health care service plan in a putative class action alleging “patient dumping” of severely mentally ill members. Before class certification, negotiated and administered a nonmonetary classwide settlement.
  • Lead counsel for a health care service plan and health insurer in a putative ERISA class action alleging use of overly restrictive mental health and substance use guidelines. After filing a motion for summary judgment, negotiated and administered a classwide settlement.
  • Lead counsel for several health care service plans and a health insurer in a series of five ERISA and non-ERISA class actions relating to Class III spinal devices. Obtained partial summary judgment on a key issue of contract interpretation involving coverage of FDA-approved medical devices. Oversaw one ERISA class settlement and three nonclass settlements.
  • Represented a health insurer in an ERISA lawsuit alleging failure to pay for medically necessary spinal surgery. Less than one week after sending an email to the plaintiff detailing the grounds for a planned motion to dismiss, the plaintiff voluntarily dismissed the entire complaint.
  • Represented a health insurer in a lawsuit filed by an out-of-network emergency provider alleging underpayment of emergency treatment. Drafted a motion to dismiss. Rather than oppose it, the plaintiff voluntarily dismissed the entire action.
  • Lead appellate counsel representing trade groups in an amici curiae brief supporting a petition for rehearing en banc on an issue of first impression under Section 1557 of the Affordable Care Act.
  • Appellate counsel representing a trade group in an amici curiae brief supporting an appeal in a high-profile federal case involving mental health guidelines.
  • Member of the trial team defending a health care service plan in a high-profile administrative action brought by a regulator seeking the second-largest fine in agency history. Settled on the eve of trial.
  • Represented a health care service plan in a lawsuit and related regulatory action involving coverage of brand and generic prescription drugs.
  • Lead counsel for a health care service plan in two putative class actions alleging failure to send timely notices of premium increases.
Speaking Engagements

Speaking Engagements

Speaker, “A Guide to Mental Health Parity: The Latest Litigation, Regulatory and Legislative Actions” Manatt Health Webinar, October 27, 2022.

Speaker, “Behavioral Health and Minors: Ethical and Legal Considerations at the Intersection of Privacy and Consent,” Annual Meeting and Spring Seminar, California Society for Healthcare Attorneys, April 2, 2022, Napa Valley, CA.

Speaker, “The Continuing Evolution of Mental Health Parity Law: SB 855, 2021 MHPAEA Amendments, and Beyond,” California Society for Healthcare Attorneys Webinar, August 25, 2021.

Speaker, “Mental Health Parity and Implementation of SB 855 in California,” California Association of Health Plans Webinar, April 7, 2021.

Speaker, “Healthcare Litigation Trends to Watch in 2020…and Beyond,” Manatt Health Webinar, April 30, 2020.

Speaker, “Behavioral Health and Minors: Ethics and Legal Considerations at the Intersection of Privacy and Consent,” California Society for Healthcare Attorneys 2020 Annual Meeting and Spring Seminar, April 24, 2020. *Event postponed due to COVID-19

Speaker, “Understanding Mental Health Parity: Regulatory, Policy and Litigation Trends,” Manatt MCLE Webinar, San Francisco, CA, September 17, 2019.

Speaker, “What Do Recent Class Action Changes Mean for Healthcare?” Manatt MCLE Webinar, San Francisco, CA, April 12, 2019.

Speaker, “What’s Next for Health Reform and Its Likely Impact on the Litigation Landscape?” Manatt MCLE Presentation, San Francisco, CA, April 20, 2017.

Panelist, "Health Care Litigation Update," California Society for Healthcare Attorneys (CSHA) Spring Seminar, April 12, 2014. 

Speaker, "The Latest Developments in STOLI and Other Schemes," Defense Research Institute (DRI) Life, Health, Disability and ERISA Seminar, April 25, 2012.

Speaker, "Sordid Tales: Updates on Cases Involving Interpleader and Murder of Insured by Beneficiary," Association of Fraternal Benefit Counsel (AFBC) Annual Meeting, June 13, 2008.

Honors & Awards

Honors & Awards

State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Services, 2010 and 2014

Voted a Southern California “Rising Star” by Super Lawyers magazine, 2005–17

Named one of the “Top 40 Under 40” by the Daily Journal, April 12, 2017

Memberships

Memberships

Admitted to practice in California

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

Member, American Health Lawyers Association

Member, Defense Research Institute’s Life, Health, Disability and ERISA Committee

Publications

Publications

Quoted, “APA, AMA, Others Move to Stop Insurer from Overturning Mental Health Claims Ruling,” Medscape, May 26, 2021.

Co-author, “Takeaways From Calif.'s New Health Insurance Rules,” Law360, October 14, 2020.

Co-author, “Health Litigation Trends To Watch Now And After COVID-19,” Law360, June 5, 2020.

Co-author, “Litigating the Scope of ERISA’s ‘Catchall’ Civil Enforcement Provision,” DRI ERISA Report, April 17, 2020.

Co-author, “ERISA Reprocessing Class Actions Have Gained Traction in Some District Courts, but They Have Several Flaws,” Defense Research Institute, ERISA Report, Vol. 13, Issue 1, May 17, 2018.

Co-author, “Health Care Litigation Update,” California Society for Healthcare Attorneys Spring Seminar, April 2014.

Author, “The Latest Developments in STOLI and Other Schemes,” DRI, April 2012.

Author, “Impressions on Being Sworn in to the U.S. Supreme Court Bar,” DRI Today, April 6, 2011.

Author, “Statute of limitations for discrimination claims begins to run on date right-to-sue notice is issued,” Association of Corporate Counsel Newsletter, March 21, 2011.

Co-author, “New York Court of Appeals upholds STOLI policies under pre-2009 New York law,” Association of Corporate Counsel Newsletter, December 8, 2010.

Author, “3.8-To-1 Ratio Of Punitive-To-Compensatory Damages Against Insurer Is Appropriate,” DRI Today, December 6, 2010.

Author, “Ninth Circuit holds that insurance agent is independent contractor, not employee,” Association of Corporate Counsel Newsletter, August 2, 2010.

Author, “U.S. Supreme Court Clarifies That A Corporation’s ‘Principal Place Of Business’ Is Its ‘Nerve Center,’” DRI Life, Health and Disability News, February 26, 2010.

Author, “The Genuine Dispute Doctrine Is Alive and Well in California,” DRI Life, Health and Disability News, Winter 2009.

Author, “California Supreme Court Clarifies Scope of Genuine Dispute Doctrine,” DRI Life, Health and Disability News, Spring 2008.

Author, “Scott Peterson’s Conviction Bars Entitlement to Death Benefits Despite Pending Appeal,” DRI Life, Health and Disability News, Fall 2007.

Author, “Court Upholds Termination of Long-Term Disability Benefits Despite Administrator’s Conflict,” DRI ERISA Report, October 17, 2007.

Author, “California District Court Upholds Termination of Long-Term Disability Benefits Despite Plan Administrator’s Conflict of Interest,” ICA News, Spring 2007.

Author, “Assignees of Insurance Bad Faith Claims May Recover Attorneys’ Fees,” DRI Life, Health and Disability News, Fall 2006.

Author, “Jury’s Award of Punitive Damages Based on Extraterritorial Conduct is Unconstitutional,” DRI Life, Health and Disability News, Spring 2003.

Joe in the News

  • 08.07.20

    Manatt Files Amicus Brief on Behalf of California Health Plans in ACA ...

    On August 7, 2020, a Manatt, Phelps & Phillips, LLP team that includes Michael Kolber, Joseph Laska and Joanna McCallum filed an amicus ...

  • 04.12.17

    Daily Journal Features Laska in 40 Under 40 List

    The Daily Journal recognized Manatt’s Joe Laska, a partner in the firm’s litigation practice, in this year’s list of the top 40 ...



Joe's Articles

  • 10.14.20

    Takeaways From Calif.'s New Health Insurance Rules

    Manatt healthcare litigation partner Joseph Laska and associates Nathaniel Cohen and Jessamyn Vedro authored an article for Law360 about ...



  • 06.05.20

    Health Litigation Trends to Watch Now and After COVID-19

    Healthcare litigation partners Joseph Laska and Charles Weir, and associate Ji Won Kim coauthored an article for Law360 discussing healthcare ...



Joe's Newsletters

  • 02.08.23

    Wit Redux: Ninth Circuit Issues New Superseding Opinion in Landmark ...

    The Ninth Circuit has issued a new opinion in the long-running Wit v. United Behavioral Health litigation that changes the legal landscape for ...

  • 12.05.22

    California DMHC Issues Two All Plan Letters Focused on Timely Access ...

    On November 4 and 7, 2022, the California Department of Managed Health Care issued two All Plan Letters concerning compliance with the state’s ...

  • 03.30.22

    When California Minors Need Mental Health Treatment, Who Can Consent, ...

    Increasing mental health care needs for minors present a range of legal issues for children, parents, health care providers and health care payors.

  • 02.02.22

    Spotlight on Private Equity for FCA Enforcement in 2022

    Despite the unprecedented challenges of the COVID-19 pandemic, mergers and acquisitions in the health care industry have continued apace and show no ...

Show More


Joe's Events and Webinars

  • 10.27.22

    A Guide to Mental Health Parity: The Latest Litigation, Regulatory ...

    The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans to provide equal levels of coverage for mental health conditions ...



  • 04.01.22

    Rochman and Laska to Speak at California Society for Healthcare ...

    Manatt Litigation Partner Harvey Rochman and Health Care Litigation Partner Joseph Laska will speak at the California Society for Healthcare ...



  • 04.07.21

    Laska to Speak at CAHP Seminar on California SB 855, April 7

    Heath care litigation partner Joe Laska will speak on mental health parity and implementation of SB 855 in California at a virtual seminar ...



  • 04.30.20

    Healthcare Litigation Trends to Watch in 2020…and Beyond

    How is today’s volatile healthcare environment impacting litigation—and how can you protect your organization? Learn the answer at a new ...



Show More
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