Western State University College of Law, J.D., summa cum laude, valedictorian, 1998
Whittier College, 1986
- California, 1999
- U.S. District Court for the Central District of California, 1999
- U.S. District Court for the Northern District of California, 1999
- U.S. District Court for the Southern District of California, 2001
- U.S. District Court for the Eastern District of California, 2003
- U.S. Court of Appeals for the Ninth Circuit, 2017
Andrew Struve is a partner in Hooper Lundy & Bookman’s Litigation Department in the San Diego and Los Angeles offices.
Andrew’s practice focuses on complex healthcare litigation and unfair competition actions as well as regulatory compliance matters, with a particular expertise in provider and plan representation, private equity, insurance, and the defense of consumer suits. In the healthcare field, Andrew has litigated both provider and health plan disputes, 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, and has additionally conducted numerous sensitive internal investigations and compliance audits, as well as responses to governmental and commercial billing/coding challenges. In the managed care and insurance fields, Andrew has litigated numerous fraud and other class actions in addition to individual unfair business practices suits, bad faith actions and rescission litigations.
Andrew 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, Andrew also serves as national governance, regulatory, and compliance counsel for a number of companies.
- Epstein v. Vision Service Plan, 56 Cal.App.5th 223 (2020): affirming decision below rejecting contentions that Plan’s provider dispute resolution procedures were violative of Knox-Keene Act; were unconscionable; were not subject to the FAA due to McCarran-Ferguson preemption, and other claims.
- HealthSmart Benefit Solutions, Inc. v. Principia Underwriting, (W.D. La. 2014): Denying insurers’ multiple motions to dismiss client’s insurance bad faith claims; holding both former insurer, and replacement insurer, liable under claims-made-and-reported policies, where claim was “made” under first policy, but insured was not served until after inception of second.
- MacRae v. HCR Manor Care Services (C.D. Cal. July 2014): Dismissing Consumer Legal Remedies Act and Unfair Competition claims based on alleged misrepresentations.
- Wehlage v. EmpRes Healthcare (N.D. Cal. Feb. 2012): Dismissing claims against affiliated medical providers and parent company due to plaintiff’s lack of standing.
- 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.
- Kinder v. Allied Interstate, (Cal. 4thDist, 2ndDivision): Affirming dismissal of 165 consolidated TCPA actions due to plaintiff’s failure to post $1.5 million security bond following a grant of defense motion for same.
- 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 post-claims 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.
- C.C. v. [Confidential], (Cal. 2nd Dist., 8th Div.): Affirming dismissal of plaintiff’s entire action under sham pleading doctrine.
- 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 to the federal government under the Medicare Secondary Payer Act.
- Pitluck v. Beverly Enterprises et al., No. B1796802d 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.
- Boales v. Blue Shield of California, No. B175185 Cal. 2nd. Dist, 3rd Div.: Affirming dismissal based on failure to exhaust administrative remedies.
- Grauberger v. Saint Francis Hospital et al., 169 F.Supp.2d 1172, (N.D. Cal. 2002): Dismissal of RICO claims against hospital system for alleged improper lien and pricing practices.
- Swanson v. St. John’s 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.
- Member, Law360’s 2021 Health Editorial Advisory Board
- Member, The American Law Institute
- Member, State Bar of California
Honors & Awards
- AV Preeminent-Rated by Martindale-Hubbell
- Valedictorian, Western State University College of Law, 1998
- Voted a Southern California “Rising Star” by Super Lawyers magazine in 2007
Presentations & Speaking Engagements
- Presenter, “Getting it Right the First Time: Learning from Today’s Top Verdicts and Settlements,” 8th Annual Conference on Long Term Care, January 18, 2018
- Co-Presenter, “Clowns to the Left of Me, Jokers to the Right: What To Do? Dealing with Unethical Adversaries, Co-Counsel and Even Clients Who Don’t Play by the Rules,” New Media Legal Publishing and West LegalEdCenter, May 27, 2017
- Presenter, “How Will the Trump Administration Impact Healthcare Litigation,” Bloomberg BNA, March 7, 2017
- Co-Presenter, “ACA-Driven Litigation: Cases to Watch (And What’s Next),” Bloomberg BNA, March 30, 2016
- Co-Presenter, “Litigation Management for In-House Counsel,” New Media Legal Publishing and West LegalEdCenter, November 21, 2015
- Presenter, “Healthcare Compliance and Fraud & Abuse Legal Developments,” October 2013 and May 2014
- Presenter, “Persuasive Legal Writing,” New Media Legal Publishing and West LegalEdCenter, April 17, 2013
- Presenter, “Health Care Law and Ethics Spotlight: Current Legal Ethics Issues for In-House Attorneys,” New Media Legal Publishing and West LegalEdCenter, December 9, 2009
- Co-Presenter, “The American Law Institute, An Insider’s Perspective,” American Law Institute, September 2007
- Presenter, “Hospital Liens: Current Legal Challenges,” Veterans Health Administration, July 2002 and April 2003
- April 6, 2021
- October 16, 2020Law 360
- September 16, 2020
- September 11, 2020
- April 17, 2020
- COVID-19 Response: HLB Resource Page, California State of Emergency and Guidance, and CMS Survey GuidanceMarch 9, 2020
- Hooper, Lundy & Bookman Ranked in the 2020 Edition of US News/Best Lawyers in America Best Law FirmsNovember 2, 2019
- October 1, 2019
- AseraCare Court Confirms that Difference of Reasonable Clinical Opinion Cannot Alone Establish Objective Falsity in False Claims CasesSeptember 19, 2019
- August 5, 2019
- Hooper, Lundy & Bookman Launches Webinar Series with Focused Discussions on Post-Acute Care PartnershipsMay 8, 2019PRNewswire
- Hooper Lundy & Bookman Recognized Among the Top Health Law Firms in the United States by Chambers USAApril 25, 2019
- December 14, 2018Law360
Health Law Perspectives
- June 20, 2019
- Co-author, “CMS Final Rule Reduces Reimbursement Rates for 340B-Eligible Hospitals,” Health Update, December 18, 2017
- Co-author, “The Legality of Cost-Sharing Reduction Payments Under the ACA,” Health Update, November 21, 2017
- Co-author, “Justice Department Abandons Medicare Advantage FCA Suit Against UnitedHealth,” Health Update, October 24, 2017
- Co-author, “Who Is the Arbiter of Arbitrability?,” Orange County Business Journal, October 17, 2016
- Co-author, “Using Statistical Sampling in False Claims Act Cases,” Health Update, August 23, 2017
- Co-author, “ERISA Procedural Rights Violations Can Still State Federal Claims,” Health Update, July 24, 2017
- Co-author, “CMS Issues Rules to Help Stabilize Health Insurance Market,” Health Update, May 24, 2017
- Co-author, “How Will the Trump Administration Impact Healthcare Litigation?,” Health Update, April 25, 2017
- Co-author, “Third-Party Payment of Premiums: Controversy and HHS Guidance,” Health Update, March 23, 2017
- Co-author, “How Will AB 72 (and Similar Laws) Impact Provider/Payer Disputes?,” Health Update, October 20, 2016
- Co-author, “California's New End of Life Option Act Impacts Insurers,” Health Update, October 10, 2016
- Co-author, “Difficult Choices for Healthcare Providers as California Legalizes Assisted Suicide," Health Update, August 24, 2016
- Co-author, “Scalia's Death Has Limited Impact on Major Healthcare Cases,“ Health Update, July 27, 2016
- Co-author, “Real-Time Data Analytics in Government Investigations and Reducing Exposure,” Health Update, June 23, 2016