Murchison & Cumming Welcomes New Senior Associate to Los Angeles

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Murchison & Cumming, LLP is pleased to announce that Celim E. Huezo has joined the Los Angeles office of Murchison & Cumming, LLP. With nearly 15 years of experience, Mr. Huezo understands the nuances of his clients’ cases and ensures they are an active part of the litigation process. Mr. Huezo prides himself on being a calming presence during conflict resolution and uses his ability to resolve conflict in a cost-effective and personable manner. One example of Celim’s conflict resolution skills includes a bad faith matter arising out of a homeowner’s insurance policy where he successfully removed the matter to federal court and filed a motion to dismiss the complaint, which was granted without leave to amend.

A graduate of the University of Southern California, Mr. Huezo received a Bachelor of Arts in International Relations and Political Science. He continued on to law school at Syracuse University College of Law where he was Vice President of the International Law Society.

Murchison & Cumming Attorney Kelsey Maxwell Named to Southern California Rising Stars List

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Murchison & Cumming, LLP is pleased to announce that Associate Kelsey L. Maxwell has been selected to the 2019 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California.

Ms. Maxwell focuses her practice on the areas of general liability, and specialty tort including habitability and discrimination claims. Her desire to help people and advocate for those that need assistance has allowed her clients to expect first rate responsiveness and customer service. She goes above and beyond to be sure that matters can be resolved quickly and efficiently to best suit her client’s needs. Ms. Maxwell routinely seeks to resolve cases through dispositive motions and has found success with these motions both in the courtroom and as leverage to encourage early resolution. In a recent case, she had a products liability case dismissed right before trial on a motion on limine which was later upheld on appeal.

Ms. Maxwell is a graduate of The University of Arizona (B.A.) and Chapman University, Dale E. Fowler School of Law (J.D.). Ms. Maxwell’s father is also a defense attorney and observing him while growing up was a key factor to her becoming a lawyer. Having started undergraduate school at 17 and graduating in three years, she passed the California Bar Exam at only 23 years old and became a practicing attorney that same year.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Seven from Murchison & Cumming Named Top Lawyers by San Diego Magazine

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San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that seven of its attorneys have been recognized as 2019 Top Lawyers by San Diego Magazine. Congratulations to Senior Partner Kenneth H. Moreno, Partners Matthew H. Printz and Jefferson S. Smith, Associate Partners J. Lynn Feldner and Robert M. Scherk, and Of Counsel David M. Hall and Joseph Fox. To compile the list of top lawyers, San Diego Magazine asks Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

Kenneth H. Moreno is the Partner-in-Charge of the San Diego office of Murchison & Cumming, LLP. Mr. Moreno handles a variety of specialty cases including employment litigation, professional liability, bad faith, general liability, construction defect, HOA, breaches of fiduciary duties, health law and medical malpractice.

Matthew H. Printz focuses his practice in the areas of construction and general liability law and serves as Co-Chair of the firm’s Construction Law practice group. He has represented numerous developers and subcontractors in construction defect litigation, mechanic’s lien actions, and public works projects and has a background in products liability, personal injury, and professional liability cases.

Jefferson S. Smith is the Co-Chair of the General Liability & Casualty Practice Group and a member of the Hospitality Law practice group. He focuses his practice in the areas of commercial litigation, product litigation, hospitality, medical malpractice litigation and general litigation. Mr. Smith has experience representing self-insured entertainment, landowner, hotel, restaurant, and commercial venues, entities, and individuals.

J. Lynn Feldner focuses her practice in areas of general liability, medical malpractice, construction defect and product liability, and her practice includes substantial experience in complex litigation matters. Ms. Feldner has successfully defended individuals, small businesses and large corporate clients through all aspects of litigation including trials and arbitrations as well as achieving great results through the Alternative Dispute Resolution process.

Robert M. Scherk is a member of the General Liability and Professional Liability practice groups. He focuses his practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. Mr. Scherk has tried more than 26 cases to verdict and arbitrated or mediated hundreds more to successful conclusion. He is a member of the San Diego Chapter of American Board of Trial Advocates.

David M. Hall focuses his practice in the areas of construction law and general liability. His experience includes handling matters involving construction defect, insurance bad faith, premises liability and other torts. Mr. Hall’s clients consist predominantly of builders, subcontractors and construction material suppliers. Mr. Hall’s clients consist of subcontractors and construction material suppliers. He is experienced in all phases of litigation, arbitration and mediation. Mr. Hall also has a successful appellate track record.

Joseph Fox serves as Co-Chair of the firm’s Business & Real Estate Transactions practice group and is a member of the General Liability & Casualty and Cannabis Law practice groups. His experience includes handling business formations, purchases and sales of businesses, litigation of business disputes, real property purchase and sale dissolution, disassociation and breach of contract, residential and commercial real property purchase and sale transactions, residential and commercial unlawful detainers, boundary and easement disputes and landlord and tenant matters.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.

Murchison & Cumming Elevates Gina Bazaz to Senior Partner

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Murchison & Cumming, LLP is pleased to announce that Gina Bazaz has been named a Senior Partner. With a reputation for “thinking outside the box” in finding creative ways to resolve disputes, Ms. Bazaz has built long-standing relationships with clients in addition to gaining the respect of judges and mediators alike. She has successfully litigated a multitude of cases on behalf of numerous major insurance carriers and companies, representing multi-million dollar corporations located in the U.S. and abroad.

“Gina’s elevation strengthens our partnership and helps position the firm’s leadership for many years to come.,” said Managing Partner Dan Longo.

Growing up, her family and friends nicknamed her “the lawyer” because she was quick on her feet and had the ability to resolve any conflict. Ms. Bazaz entered undergraduate school as an art major but soon realized political science had become her favorite class. With the encouragement of several professors and her mother’s reminder of her great negotiating skills, she decided to change her major to Political Science and continue onto law school.

Throughout the past 20 years, Ms. Bazaz has come to appreciate the value of mentorship, partnership, teamwork and trust. The Southern California “go to” attorney for several prominent insurance companies and clients, Ms. Bazaz’ affable personality, knowledge of the law and personalized client guidance have played a significant role in her success. In fact, Ms. Bazaz attributes her success to her outstanding clients stating, “I wouldn’t be here without them.”

As for her new position, “it is my honor and privilege to work alongside the Senior Partnership and to contribute to the firm’s growth as I step into this new role,” said Ms. Bazaz. “It is my hope that each young associate recognizes that he or she has the power and capability to step into a leadership role. Passion, hard work, and dedication do pay off.”

Two from Murchison & Cumming Honored as Southern California Super Lawyers

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Murchison & Cumming, LLP is pleased to announce two attorneys from the firm’s Los Angeles and Orange County offices have been recognized in the 2019 Southern California Super Lawyers Edition. With a combined 60 years of legal experience, this year’s honorees are Managing Partner Dan L. Longo, Senior Partner Guy R. Gruppie.

Mr. Longo was recognized for the eighth consecutive year. He primarily represents skilled nursing facilities, board and care facilities, and hospitals focusing his practice in the areas of medical malpractice, legal malpractice, insurance agent/broker E&O, general liability, HOA, and directors and officers liability in a variety of litigation matters. Mr. Longo has tried more than 30 cases to verdict, and arbitrated or mediated hundreds of cases to successful conclusion. He is “AV” rated by Martindale Hubbell.

Mr. Gruppie, one of California’s go-to defense trial attorneys, has been recognized as a Super Lawyer for the 11th consecutive year. He specializes in the defense of complex, high-stakes and high-profile litigation. His clients include national and major regional and local businesses, entertainment/media companies, celebrities, professional athletes and other high net-worth individuals. Mr. Gruppie is a sought-after speaker/lecturer on trial and tort trends. He is a member of the American Board of Trial Advocates (Associate Rank), Los Angeles Chapter, the Claims Litigation Management Alliance (CLM) , and the Federation of Defense & Corporate Counsel (FDCC). Mr. Gruppie is “AV” rated by Martindale-Hubbell.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have been chosen by their peers and through independent research of Law & Politics. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Only the top 5% of attorneys in each state or region are honored as Super Lawyers.

Arleen Milian Named Chair of USLAW NETWORK’s Law Firm Marketing Directors Group

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Murchison & Cumming, LLP is pleased to announce that Arleen S. Milian, Director of Client Relations, has been selected to serve as the Chair of USLAW NETWORK’s Law Firm Marketing Directors Group. The Committee oversees the member firm marketing and business development directors and works closely with the NETWORK to implement the organization’s initiatives. USLAW is an international organization composed of more than 100 independent defense-based firms with more than 7,000 attorneys. Its mission is to provide the highest quality legal representation and seamless cross-jurisdictional service to major corporations, insurance carriers, and to both large and small businesses alike, through a network of professional, innovative law firms dedicated to their client’s legal success.

“We are very pleased that Arleen has been selected to lead the Marketing Director’s Group within USLAW,” said M&C Managing Partner Dan L. Longo, who currently serves as Vice Chair of USLAW. “We believe her background and experience will prove beneficial for all of the USLAW Marketing Directors.”

Ms. Milian oversees the firm’s client development, marketing, and public relations initiatives. Her primary focus involves coaching professionals, and effectively providing personalized guidance in relationship management, specifically working with professionals to identify new business opportunities, as well as expanding work with existing clients. Ms. Milian’s career highlights include spearheading M&C’s comprehensive rebranding initiative–from inception through execution to enhance the firm’s visibility, and the successful launch of the Firm’s Diversity & Inclusion Initiative program.

Outside of the professional spectrum, much of Ms. Milian’s time and energy is devoted to mentoring women and community service. She is currently developing a documentary recounting her journey back to her homeland of Cuba.

Murchison & Cumming Prevails at California Supreme Court

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“On August 23, 2018 the California Supreme Court issued a far-reaching decision in the case of King v. CompPartners, Inc. (S232197) which positively impacts the workers’ compensation system and represents a significant victory for the utilization review industry and the physicians with whom they work. The Riverside County Superior Court sustained a demurrer, without leave to amend, on behalf of defendants, a utilization review company and a utilization review physician, to a complaint filed by an injured worker (Kirk King) and his wife against defendants for medical malpractice and general common law negligence. The dismissal was appealed to the California Court of Appeal which, on January 5, 2016, issued a decision that affirmed the order sustaining the demurrer, but reversed the denial of leave to amend and remanded the case to the lower court for the filing of an amended complaint. The Court of Appeal decision was appealed to the California Supreme Court. The issue before the Supreme Court was whether a physician performing utilization review in a workers’ compensation case can be liable to the injured worker to whom they provided a decision regarding medical treatment. Defendants argued, among other things, that Plaintiffs’ claims were pre-empted by the exclusive remedy rule codified in the workers’ compensation statutes. The California Supreme Court agreed. Prior to the Supreme Court’s opinion, there was no hard and fast rule holding that the exclusive remedy rule barred tort claims from being advanced against utilization review physicians and the companies which retain them. The Supreme Court stated in its opinion that “[v]iewing the question against the backdrop of our precedents, we conclude the answer is yes.”

In its August 23, 2018 opinion, the California Supreme Court held that workers’ compensation laws provide the exclusive remedy for a workers’ injuries and, thus, the worker’s tort claims against a physician who performs utilization review are preempted:

“It is by now well established that the WCA’s exclusivity provisions preempt not only those causes of action premised on a compensable workplace injury, but also those causes of action premised on injuries ‘collateral to or derivative of’ such an injury.” (Charles J. Vacanti, M.D., Inc. v. State Comp Ins. Fund (2001) 24 Cal.4th 800, 811, quoting Snyder v. Michael’s Stores, Inc. (1997) 16 Cal.4th 991, 997). “[A]s we read the statute the Legislature enacted, the workers’ compensation system provides the exclusive remedy for otherwise compensable injuries stemming from alleged mistakes in the utilization review process. Here the Kings’ tort claims concerning Dr. Sharma’s decertification of [Kirk] King’s prescription are collateral to and derivative of a compensable injury and defendants performed a statutorily recognized utilization review function on behalf of King’s employer. Because the acts alleged do not suggest that defendants stepped outside of the utilization review role contemplated by statute, the Kings’ claims are preempted.” Because ‘[t]he Kings seek to recover for injuries that arose during the treatment of [Kirk] King’s industrial injury and in the course of the workers’ compensation claims process . . . their claims fall within the scope of . . . the workers’ compensation system.” The Supreme Court further states that “[t]he Kings and their amici raise policy concerns about this conclusion. Utilization review has a significant impact on the medical care of injured workers. It follows, they argue, that utilization reviewers should be held accountable for their mistakes in the same way and to the same extent as treating physicians, who may be sued for their malpractice. The statute’s treatment of utilization reviewers is, however, consistent with the basic tradeoff that underlies the workers’ compensation systems as a whole: The employee is afforded swift and certain payments for medical treatment without having to prove fault, but, in exchange, gives up his right to sue in tort for those injuries that result from risks encompassed by the employment relationship.”

The California Supreme Court’s decision in King v. CompPartners, Inc. limits the liability of utilization review companies and review physicians, and marks a significant chapter in the applicability of the workers’ compensation laws. In California, it is now the law that the workers’ compensation exclusive remedy rule bars tort claims from being advanced against utilization review physicians and the companies which retain them.

Murchison & Cumming LLP’s counsel for Defendants on appeal were William D. Naeve, Esq. and Terry L. Kesinger, Esq.

Click here to read the full decision.

Three Murchison & Cumming Attorneys Named to Southern California Rising Stars List

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Murchison & Cumming, LLP is pleased to announce that Partner Steven J. McEvoy, and Associates Kelsey L. Maxwell and Christine V. Nitoff have been selected to the 2018 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California.

Mr. McEvoy focuses his practice in the areas of transportation law, product liability, toxic tort and general liability defense. His transportation clients include transportation brokers, motor carriers and tractor manufacturers involved in injury and cargo claim actions. Mr. McEvoy specializes in the handling of matters involving bus and motor coach roll-over accidents involving catastrophic injury and wrongful death claims.

Ms. Maxwell focuses her practice in the areas of general liability, and specialty tort defense including habitability and discrimination claims. Ms. Maxwell has experience handling matters through all stages of litigation including law and motion matters, discovery, and trial preparation.

Ms. Nitoff focuses her practice in the areas of product liability and general liability defense, and has experience in healthcare provider contract disputes. While in law school, she was a judicial extern for the U.S. Bankruptcy Court of the Central District of California and a member of USC Law’s Hale Moot Court Honors Program. Ms. Nitoff also served as a Los Angeles County court appointed mediator as part of the USC Law Advanced Mediation Clinic.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

CA SUPREME COURT RULES NEGLIGENT HIRING, TRAINING AND SUPERVISION MAY CONSTITUTE AN “OCCURRENCE”

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In a long-awaited decision by the California Supreme Court, the Court issued a ruling on June 4, 2018 in Liberty Surplus Ins. Co. v. Ledesma & Meyer Construction Co., S236765 (Cal. June 4, 2018) holding that where an employee commits an intentional act, allegations of negligent hiring, training and supervision of that employee by the employer may constitute an accidental “occurrence” under the employer’s CGL policy, thus triggering a duty to defend.

In Ledesma, the insured (Ledesma) contracted with a school district to manage a construction project at a middle school. The insured assigned an employee to serve as a superintendent of the project. A 13 year old student of the school filed a lawsuit in a California state court against Ledesma and others, claiming that the superintendent had sexually abused her. The complaint included a cause of action against Ledesma for negligently hiring, retaining and supervising the superintendent.

Ledesma tendered the complaint to its CGL carrier, Liberty, who agreed to defend Ledesma under a reservation of rights. Liberty’s policy required it to defend Ledesma against suits seeking damages for “bodily injury” because of an “occurrence,” defined as an “accident.” Liberty filed a declaratory relief action in a California federal court, arguing that it had no duty to defend or indemnify Ledesma because the allegations of negligent hiring, retention and supervision of its employee did not constitute an accidental “occurrence.” The federal district court agreed and granted Liberty’s motion for summary judgment.

Ledesma appealed that ruling to the United States Court of Appeals for the Ninth Circuit. The Court, noting that this is an unsettled area of law, certified the following question to the California Supreme Court: “When a third party sues an employer for the negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the suit allege an ‘occurrence’ under the employer’s commercial general liability policy?”

On June 4, 2018, the California Supreme Court answered that question in the affirmative, ruling that even though the employee’s intentional acts were beyond the scope of its policy, “[Ledesma’s] allegedly negligent hiring, retention, and supervision were independently tortious acts, which form the basis of its claim against Liberty for defense and indemnity.” In so holding, the Court focused on the fact that the question of whether an event constitutes an “accident” must be analyzed from the standpoint of the insured seeking coverage under the policy, in this case, the employer Ledesma. Thus, “[a]t the time Doe was molested, from [Ledesma’s] point of view the event could have been ‘an unexpected, unforeseen, or undesigned happening or consequence’ of its hiring, retention, or supervision of Hecht. . . . Hecht’s molestation of Doe may be deemed an unexpected consequence of [Ledesma’s] independently tortious acts of negligence.” The Court concluded by noting that “[a]bsent an applicable exclusion, employers may legitimately expect coverage for such claims under comprehensive general liability insurance policies, just as they do for other claims of negligence.”

Clearly this important decision has broad-reaching implications to claims against employers and others who may be responsible for someone else’s intentional torts. The fact that the underlying tort may be uninsurable as a matter of law may not necessarily preclude insurance coverage for the employer’s separate and independent torts which are alleged to have played a role in the commission of that tort, including such claims as negligent hiring, supervision and training.

For more information contact: Bryan Weiss

Murchison & Cumming Partners Volunteer Again at Arcadia’s Annual Law Day

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Murchison & Cumming Senior Partner Guy R. Gruppie and Partner Mary C. Trinh served as volunteer attorneys at the City of Arcadia’s 20th annual Law Day May 19 at the Arcadia Public Library’s Cay Mortenson Auditorium. Mr. Gruppie and Ms. Trinh along with other local lawyers provided Pro Bono, one-on-one counsel on general legal questions to hundreds of residents of Arcadia and many neighboring San Gabriel Valley cities and communities.

Mr. Gruppie, a longtime resident of Arcadia and supporter of local youth sports programs, including the Arcadia America Little League, and many area charities, has participated in Law Day multiple times since its inception in 1998 under the direction of former Mayor Gary A. Kovacic. Ms. Trinh, a longtime resident of the San Gabriel Valley, has also been a prior participant in Law Day among her many charitable works in the community. Both Murchison & Cumming partners have been recognized by Pasadena Magazine as Top Attorneys in the San Gabriel Valley the area multiple times and represent a number of locally based clients and individuals.