Lift and Access Magazine Death, taxes, and litigation have become certainties in the modern business world, yet a surprising number of otherwise successful enterprises are unprepared and ill-equipped to handle the uncertainties of litigation. Every day, foolish verdicts and outrageous dollar awards are reported in the media, while successfully defended lawsuits and trials resulting in […]
By: Gina E. Och California’s Unfair Competition Law (UCL), codified at Business and Professions Code section 17200, prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising….”1 Any person could sue under section 17200; thus, a plaintiff did not have to have “standing” to sue.2 Unfortunately, legislation originally meant […]
On January 24, 2005, the U.S. Supreme Court, ruled that all damages recovered in litigation are taxable income, including contingent fees paid directly to attorneys. Commissioner of Internal Revenue vs. Banks, 2005 U.S. Lexis 1370, 73 U.S.L.W. 4117 (2005). The Supreme Court concluded that attorney’s fees paid out of a judgment or settlement under a […]
By: Scott L. Hengesbach On January 31, 2005, the Second District Court of Appeals concluded the Lockheed litigation cases, which had been ongoing for two decades, affirming the trial court’s exclusion of the opinions of the plaintiffs’ expert toxicologist regarding medical causation. The Second District’s decision reinforced the trial court’s conclusion that plaintiffs’ expert’s opinions should […]
The Class Action Fairness Act of 2005 has overcome its last Congressional hurdle and will shortly be sent to the President for his signature. On February 17, 2005, the House took up the Senate’s version of the class action reform bill, Senate Bill 5, and passed it by a vote of 279 – 149. Under […]
By: Michael J. Nunez Holding: On April 14, 2005, the Court of Appeal held that the two-year statue of limitations period for personal injury actions applied to any personal injury claims that had not already expired on January 1, 2003, when the statute of limitations period was extended from one to two years. Application: Prior to this ruling, […]
As of January 1, 2005, Assembly Bill 1825, Section 12950.1 has been added to the California Government Code, which will require California employers with 50 or more employees to provide training and education regarding sexual harassment to all supervisory employees. What Training is Required? • At least two hours of sexual harassment training for all […]
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On September 27, 2011, Lisa D. Angelo and German A. Marcucci secured a favorable ruling on a motion for summary adjudication in connection with a cross-defendant’s “duty to defend” pursuant to Crawford v. Weathershield, a California Supreme Court opinion that interprets California Civil Code section 2778 as imposing upon an indemnitee an immediate “duty to defend” the […]
Guy R. Gruppie and Gregory A. Sargenti won a defense verdict after a 50-minute jury deliberation in a personal injury case where the plaintiff sought more than $2 million in damages. Plaintiff Timothy Julian sued two defendants following a December 10, 2007 accident that occurred at the Long Beach Towne Center on property leased by defendant Sam’s East, […]
A defense verdict won by Russell S. Wollman and German A. Marcucci was argued by Edmund G. Farrell, III in the Appellate Court and upheld. The case arose from allegations that the defendant, an electronic wholesaler, breached a sales contract and committed fraud. The defendant is in the business of brokering used video games and used electronic devices associated […]
After two years of investigation, the United States Department of Justice indicted a client on eighteen counts of mail fraud, one count of conspiracy to commit mail fraud and aiding and abetting. An asset-forfeiture count accompanied the indictment for an alleged loss of one-million dollars. Less than six months after the criminal indictment was filed, […]
B. Casey Yim and Scott R. Jackman, won a second defense result against Duane “Dog the Bounty Hunter” Chapman on July 27, 2011. The plaintiffs alleged that Chapman was “fraudulently induced” to enter into the attorney-fee agreement because the attorneys were “not licensed to practice law in Mexico,” and that it was only recently discovered in […]
B. Casey Yim, assisted by Scott R. Jackman, obtained a defense verdict in a legal malpractice case using successive demurrers sustained without leave to amend. M&C’s clients, attorneys of an Orange County law firm, were cross-defendants in a legal malpractice case involving five complex commercial and real property “underlying cases.” When the clients failed to […]
Russell S. Wollman received a favorable verdict in a personal injury and premises liability case. The plaintiff stopped at the defendant’s Santa Ana, California gas station after hours, and paid for gas at the night box. After pumping gas in her vehicle, she returned to the night box to collect change from the gas station attendant. […]
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Murchison & Cumming Names Two New Partners
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Robert M. Scherk and Nancy J. DePasquale have both been elevated to Partner. Robert M. Scherk is based in the San Diego office focusing his nearly 40-year practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. He also conducts Examinations Under Oath […]
Murchison & Cumming Elevates Jean Dalmore to Senior Partner
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Jean A. Dalmore has been named a Senior Partner. As co-chair of the firm’s Construction Law practice group she focuses her personal practice in the area of construction defect and construction site accident, representing developers, design professionals, general contractors, sub-contractors and material suppliers in all fields of construction. Additionally, […]
Murchison & Cumming’s Seitz and Gruppie Honored as Southern California Super Lawyers
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce two attorneys from the firm’s Los Angeles office have been recognized in the 2020 Southern California Super Lawyers Edition. With a combined 75 years of legal experience, this year’s honorees are Senior Partners, and longtime honorees, Friedrich W. Seitz and Guy R. Gruppie. Mr. Seitz chairs the Wildland Fire Litigation […]
Changes Coming to California’s Cannabis Market – Effective on Wednesday, January 1, 2020
/in Announcements, Press ReleasesPost 85 View Link Beginning January 1, 2020, any package containing cannabis or cannabis products that are transferred to a Distributor for retail sale, must be in child-resistant packaging ( (“CRP”) which is designed to be difficult for children under five years of age to open. Pursuant to Section 40417 of Title 17 of the […]
Murchison & Cumming Welcomes New Associate to Los Angeles Office
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Todd G. Lezon has joined the Los Angeles office as an Associate Attorney focusing his practice on transportation liability. Before law school, Todd served in the U.S. Army as a non-commissioned officer and deployed to Iraq twice in support of Operation Iraqi Freedom. During his first tour of duty […]
Dan Longo named Chair of USLAW NETWORK
/in Announcements, Press ReleasesMurchison & Cumming is pleased to annouce that Managing Partner Dan L. Longo has been named Chair of USLAW NETWORK for 2019-20. He succeeds Kevin L. Fritz of Lashly & Baer, P.C. in St. Louis, Missouri. The change of leadership was made at the NETWORK’s annual Fall Member Business Meeting in Washington, D.C. “I am honored to serve as […]
Murchison & Cumming’s Michael Nunez and Arleen Milian Participating in LACBA’s Diversity & Inclusion Conference
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Senior Partner, Michael J. Nunez and Director of Client Relations, Arleen S. Milian are participating in the Los Angeles County Bar Association Diversity & Inclusion Conference on Friday, September 27. The conference is presenting a full-day program focusing on diversity and inclusion. Michael and Arleen will be participating as part of […]