By: Michael J. Nunez and Kelsey L. Maxwell USLAW Magazine View Link Broadly speaking, the workers compensation exclusive remedy provision holds that employers are immune from liability for injuries incurred by employees during the course of employment. This exclusive remedy provision is codified in a number of states in order “to give efficacy to the theoretical “compensation bargain” […]
By: Michael J. Nunez Communiqué View Link The inaugural luncheon of the Clark County Diversity & Inclusion Committee for Equity (“DICE”) occurred on Thursday, October 21 at the Golden Nugget. This was a live event, with streaming participants by Zoom, which made for a festive occasion with many participants able to reconnect with old friends. […]
On October 1, 2021, Governor Gavin Newsom approved an amendment to § 377.34 of the Code of Civil Procedure, which authorizes a decedent’s personal representative or successor in interest to recover damages for a decedent’s pain, suffering, or disfigurement in an action or proceeding on the decedent’s cause of action. Before this amendment, § 377.34 […]
The California Court of Appeal decided Khosrovan v. Chevron ((7/6/21 2nd Dist., Div. 7 No. B307482) __ Cal.App.5th __, 2021 WL 2797742) on July 6, 2021, holding that the value of a provision requiring an offeree to indemnify an offeror against third party suits is too uncertain to be included as a term in a […]
By: Todd G. Lezon USLAW Magazine View Link I. Introduction No one ever wants to be a party to a lawsuit. When a lawsuit is filed, it means something went terribly wrong. But lawsuits are even more agonizing when they involve the death of a loved one. When people die because of the wrongful act of […]
A new unanimous ruling by the California Supreme Court takes away any doubt as to Proposition 51’s applicability to intentional tortfeasors and increases concerns for multi-defendant litigation. While California’s Proposition 51 (Civil Code section 1431.2) states that all defendants are jointly liable for all economic damages, it further states that “each defendant shall be liable […]
By: Kelsey L. Maxwell USLAW Magazine View Link As ride shares become more prevalent, it follows that Transportation Network Companies (TNCs) will become an increasingly popular target for litigation. While liability issues may be clear-cut in a simple auto negligence matter, liability for TNCs becomes murky when drivers engage in separate misconduct such as driving under […]
After the federal Occupational Safety and Health Administration (“OSHA”) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring vaccine mandates for employers with 100 or more employees in November 2021, the Fifth Circuit issued a stay putting a stop to the enforcement of the mandate. On December 17, 2021, the Sixth Circuit Court […]
Large employers will need to roll up their sleeves to implement vaccination policies while employees roll up theirs to get vaccinated or submit to weekly testing and mask mandates. As part of its COVID-19 plan, the Biden Administration rolled out vaccine mandates for large employers (100+ employees) to ensure that their workers are either fully […]
On Tuesday, California Governor, Gavin Newsom, signed into law Assembly Bill 141 which consolidates the three state licensing agencies into one – the Department of Cannabis Control (“DCC”). The DCC is now the lead agency issuing state licenses. Governor Newsom appointed Nicole Elliot to serve as Director of the Department. Current regulations from the three former state […]
WellgreensCA, Inc., a San Diego-based cannabis oil manufacturer, it’s owner, and manager all pled guilty in federal court last week to violating various offenses related to the transportation and dumping of hazardous waste ethanol. Under federal law, businesses transporting hazardous waste are required to accompany that waste with a uniform hazardous waste manifest. Failure to […]
Today, the San Diego County Board of Supervisors voted 4 to 1 to begin developing a regulatory commercial cannabis licensing system within the unincorporated areas of San Diego County. Today’s vote is a vast contrast to prior actions taken by the Board. In 2017, the Board passed an outright ban on the issuance of any […]
Everyone in California has seen them: CALIFORNIA PROPOSITION 65 WARNING: WARNING: This product contains a chemical known to the state of California to cause cancer. For more information: www.P65Warnings.ca.gov and CALIFORNIA PROPOSITION 65 WARNING: WARNING: This product contains a chemical known to the state of California to cause birth defects or other reproductive harm. For more […]
Election day is only 1-week away and Commercial Cannabis Licensing seems to be one option that many jurisdictions are considering in order to secure fiscal funding in the wake of the COVID-19 pandemic. Below are just some of the local Cannabis measures that could be on your November 3, 2020 Ballot: Trinity County’s Measure G establishes a […]
On June 26, 2024, Los Angeles-based paralegal Jeffrey Stewart will be part of a LGBTQ+ DEI Month panel for the Los Angeles Paralegal Association. Jeffrey has paralegal experience in the civil litigation defense field and serves as a California Notary Public. Prior to becoming a paralegal, he began his career in the State of Texas […]
Join us for an overview of cargo insurance policies and the protection they provide for the various parties to both international and inland cargo shipments. We will address standard policies including all risk, broad form, liability and motor truck freight policies and the gaps in coverage common to cargo policies and will also discuss common […]
This panel will address the risks of a premature or invalid denial vs. the effects of investigating under an ROR in litigation matters. Using a real world example, we will address this issue from the perspective of the policyholder, the insurers on the risk and the claimant. The presentation involves the common concerns and particular […]
M&C attorneys participated in USLAW NETWORK’S Home Field Advantage Virtual Presentations share insights and boots-on-the-ground knowledge regarding the latest legal happenings impacting labor and employment in each state and in select global markets. In each brief video clip, we shared specifics from their jurisdiction, inform on the latest state legal decisions, and outline what the […]
This session targets both adjusters and insureds in understanding everyone’s respective rights and obligations under Claims Made policies. We will focus on common issues with E&O and D&O policies under California law including: (1) What type of information or complaint about an alleged error or event constitutes a “Claim”? (2) When must you disclose a […]
Join us for a free webinar on California Claims Handling in the realm of a complex transportation claim. The webinar is designed to provide guidance on processing a claim involving several insureds and several policies while staying in compliance with California insurance regulations. This presentation will address the claim process from the acknowledgment point forward […]
Cyber loss claims always present a challenge as it is a developing and constantly changing area of insurance claims and coverage due to the new decisions made by the courts everyday as well as the nature of technology. Join us to learn about the nature of cyber losses, the different types of coverage and the […]
A manufacturing company represented by our firm has secured summary judgment in a product liability case involving burn injuries, decided in Los Angeles County Superior Court. Senior Partner Guy R. Gruppie, Partner Matthew E. Voss, and Associate Partner Julie E. Esposito of Murchison & Cumming, LLP represented the defendant. The plaintiff suffered burn injuries while […]
Congratulations to Senior Partner Guy R. Gruppie, Partner Matthew E. Voss, and Associate Partner Julie A. Esposito on their summary judgment victory in the Van Nuys branch of the Los Angeles Superior Court. The team successfully defended a pharmaceutical company in a case alleging product defect/failure to warn. The lawsuit stemmed from a claim by […]
In a case involving ADA-compliance renovations, Murchison & Cumming, LLP attorney Robert M. Scherk successfully defended Aero Properties and its principal, William Gibbs, against a $5 million demand for alleged negligence and premises liability. The plaintiff, a manager at a Midas shop in San Diego, argued that restroom upgrades led to unsafe conditions, which he claimed caused […]
Dan L. Longo and Kelsey L. Maxwell of Murchison & Cumming LLP successfully defended a Physician’s Assistant in a case where the plaintiff claimed medical negligence and medical battery following a gym injury. The jury found in favor of the defense, determining that the Physician’s Assistant was not negligent and had acted within the standard […]
A motion for summary judgment was granted in San Diego County Superior Court in negligence, breach of fiduciary duty, and breach of contract case. Robert M. Scherk and Lisa M. Allen of Murchison & Cumming, LLP represented the defendants. The plaintiffs filed their complaint on October 17, 2022 which alleged three causes of against the […]
After a 17 day trial, a Los Angeles County jury reached a verdict in a case involving a self-employed compound pharmacist who was injured during a yoga class when a stretch band detached from the wall and some metal pieces of the band struck the base of her skull. Scott L. Hengesbach of Murchison & […]
Following a five-week trial in plaintiff-friendly San Bernardino County Superior Court, a defense verdict was reached in a case involving a boat crash on the Colorado River. Partners Russell S. Wollman and Todd A. Chamberlain of Murchison & Cumming represented the boat manufacturer. Congratulations also to Darin W. Flagg, Senior Associate, for his law and motion contributions to the trial […]
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Welcome Lori M. Cullman as the Newest Associate Partner in Northern California
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Lori M. Cullman has joined the Northern California office as Associate Partner. She is an experienced civil litigator known for handling complex legal matters. Her practice centers on auto, fire, premises, and commercial general liability claims, representing insurers and their insureds in high-exposure matters. Having practiced both […]
Welcome Mona L. Bauer as the Newest Of Counsel in Northern California
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Mona L. Bauer has joined the Northern California office as Of Counsel. Mona Bauer has spent her legal career on the defense side of California civil litigation, representing insurers, businesses, and property owners in personal injury, premises liability, auto liability, landlord-tenant, and fraud-related matters. She joins […]
Welcome Robert B. Jones as the Newest Of Counsel in San Diego
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Robert B. Jones has joined the San Diego office as Of Counsel. Robert Jones brings a multi-faceted perspective to civil litigation, drawing on experience advocating for clients on both sides of the table. Over more than two decades, he has represented plaintiffs, defendants, insurers, and public […]
Welcome Mark T. Domeyer as the Newest Of Counsel in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Mark T. Domeyer has joined the Los Angeles office as Of Counsel. Mark T. Domeyer is a Senior Litigation Attorney whose practice focuses on bankruptcy, creditors’ rights, and complex commercial litigation. He represents lenders, financial institutions, and businesses in bankruptcy proceedings, adversary litigation, contested matters, and […]
Welcome James E. Kemp as the Newest Of Counsel in Northern California
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce James E. Kemp has joined the Northern California office as Of Counsel. James is a highly accomplished litigation and trial attorney with more than four decades of extensive civil litigation experience, spanning first‑chair trial work, complex commercial disputes, catastrophic injury matters, construction defect litigation, employment litigation, insurance […]
Welcome David A. De Paoli as the Newest Of Counsel in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce David A. De Paoli has joined the Los Angeles office as Of Counsel. David brings more than three decades of diverse litigation, advisory, and complex case management experience to the firm. His background includes extensive work in product liability, aviation litigation, general liability, real estate litigation, labor […]
Welcome William Pascoe as the Newest Of Counsel in San Diego
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce William Pascoe has joined the San Diego office as Of Counsel. William brings more than three decades of litigation and trial experience to a broad range of matters, including insurance-related disputes, employment issues, and complex injury claims. Over the course of his career, he has tried approximately 50 […]