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 Mr. Levinson's practice focuses on representation of health care providers in appellate and writ proceedings, and he frequently represents clients in the defense and enforcement of the Medical Injury Compensation Reform Act of 1975 ("MICRA"). He also regularly assists trial counsel when appellate issues of first impression are anticipated and in cases presenting high exposure.
Additionally, Mr. Levinson counsels clients and trial counsel on third-party payer claims by ERISA plans, Medicare, and Medicaid, and on mandatory-insurer reporting to the Centers for Medicare and Medicaid Services.
Mr. Levinson graduated with distinction from Cornell University, where he studied economics and government. He then earned a J.D. at UCLA School of Law, where he served as Managing Editor of the UCLA Law Review. He began his career at Thelen Reid & Priest LLP in Los Angeles, where his practice focused on appeals and writs. He represented institutional and individual interests in litigation related to torts, insurance, health care, construction, and other commerce (including the Interstate Commerce Act, California Unfair Competition Law, liquidated damages, attorney conflict of interest, CERCLA, and Uniform Trade Secrets Act).
After leaving Thelen Reid & Priest LLP, he further expanded his professional experience representing consumer clients with a focus on catastrophic products liability cases, including automotive design defects, business fraud and legal malpractice.
Mr. Levinson has drafted more than a hundred briefs and petitions in appellate and writ proceedings in the California Supreme Court, the California Courts of Appeal, and the United States Court of Appeals for the Ninth Circuit, and argued several times before the California Courts of Appeal.
Education
UCLA School of Law (J.D., 1994)
UCLA Law Review, Managing Editor
Cornell University (B.A., with distinction, 1991)
Dean's List
Bar and Court Admission
California (1994)
United States Court of Appeals for the Ninth Circuit
United States District Court for the Central and Northern Districts of California
Other
Appellate Courts Committee of the Los Angeles County Bar Association
Representative appellate engagements include:
Appeal affirming constitutionality of MICRA's general damage cap.
Petition for Review and writ proceeding reversing plaintiff's claim of punitive damages against a physician client.
Appeals achieving reversal of two multimillion dollar judgments against a Fortune 500 client in commercial actions.
Appeal reversing a contempt order against a physician client.
Appeal reversing dismissal of a physician practice group client's unfair business practice claim against a health insurance carrier.
Appeal obtaining new damages trial for commercial plaintiff in real estate fraud action while successfully defending liability determination on cross-appeal.
Petition obtaining an alternative writ prompting the trial court to reverse its order denying counsel's withdrawal motion.
Published opinions include:
North Coast v. Superior Court (Benitez) (2008) 44 Cal.4th 1145. The California Supreme Court held that a physician does not have a constitutional right to refuse to perform an intrauterine insemination based upon the patient's sexual orientation.
Freedman, M.D. v. Superior Court (2008) 166 Cal.App.4th 198. The Court of Appeal held that Code of Civil Procedure section 425.13 prohibits a late-filed motion to assert a claim for punitive damages against a health care provider when plaintiff was aware of the facts giving rise to the claim for punitive damages, and did not timely move for leave to assert such a claim.
Guardado v. Superior Court (Mariposa Gardens) (2008) 163 Cal.App. 91. The Court of Appeal held that a late added Doe defendant's preemptory challenge to the trial judge under Code of Civil Procedure section 170.6 was not untimely because the trial judge's prior order granting plaintiff's motion to conduct pretrial discovery on punitive damages under Civil Code section 3295 did not involve a "determination of contested fact issues relating to the merits."
Saxena v. Goffney, M.D. (2008) 159 Cal.App.4th 316. The Court of Appeal held the distinction between a medical battery and lack of informed consent required entry of JNOV in the physician's favor, thereby precluding a $13 million medical battery recovery.
Barragan v. Lopez, M.D. (2007) 156 Cal.App.4th 997. The Court of Appeal held a doctor does not have a duty to advise a woman of her right to an abortion in the absence of any indication that the fetus has a genetic defect.
Bockrath v. Aldrich Chemical Co. (1999) 21 Cal.4th 71. The Supreme Court held that a toxic tort plaintiff must plead specific facts affording an inference that defendant's conduct caused or contributed to the injury.
Abbott v. Mandiola, M.D. (1999) 70 Cal.App.4th 676. The Court of Appeal reversed the imposition of sanctions against physician defendant holding that plaintiff's motion for sanctions following a mistrial should have been brought before the trial judge who had declared the mistrial.
Published amicus opinions include: Bonds v. Roy (1999) 20 Cal.4th 140 [expert witness designation]; Delaney v. Baker (1999) 20 Cal.4th 23 [Elder Abuse and Dependent Adult Civil Protection Act and Medical Injury Compensation Reform Act ("MICRA")]; Belton v. Bowers (1999) 20 Cal.4th 928 [MICRA's statue of limitation]; Barris v. County of Los Angeles (1999) 20 Cal.4th 101 [Emergency Medical Treatment and Active Labor Act ("EMTALA") and MICRA]; and Vargas v. Del Puerto Hospital (9th Cir. 1996) 98 F.3d 1202 [same].
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