By: Friedrich W. Seitz and Tina D. Varjian On October 14, 2004, Murchison & Cumming hosted the first annual Fall Symposium entitled “Product Liability: Strategies For Success.” The following is an excerpt from the seminar handout materials. On June 3, 1986, California passed Proposition 51 which is also known as The Fair Responsibility Act of 1986 and […]
On October 14, 2004, Murchison & Cumming hosted the first annual Fall Symposium entitled “Product Liability: Strategies For Success.” The following is an excerpt from the seminar handout materials. I. Reporting Requirements Under The TREAD Act On November 1, 2000, Congress enacted the TREAD (Transportation Recall Enhancement, Accountability, and Documentation Act) Act, codified at 49 […]
By: Michael J. Nunez Changes to the 1938 Fair Labor Standards Act, referred to by the Labor Department as the “FairPay” rules, went into effect on August 23, 2004. The law comes after decades of lobbying by business groups facing major lawsuits about overtime. Among those are: Wal-Mart, Starbucks, Radio Shack, Rite Aid and Bank of […]
By: Dan L. Longo Although the California Legislature formally recognized the increased susceptibility of the elderly and dependent adults to be abused or neglected more than 20 years ago, the Welfare and Institutions Code Section 15600, et seq, was not fully utilized by the plaintiff’s bar until the late 1990’s. The initial increase in cases filed […]
By: Edmund G. Farrell, III Pursuant to Code of Civil Procedure section 337.15, all actions for latent defects in construction must be brought within ten years after substantial completion of the project. Courts of Appeal in California have split over whether the ten-year period is tolled while defendants’ promises to repair the subject defects are pending. On […]
By: Daniel G. Pezold Changes to the Code Civil Procedure’s requirements affecting Motions for Summary Judgment and Summary Adjudication took effect on January 1, 2003. Those changes, which include a new “110 Day Barrier” on filing and serving dispositive motions, have a direct impact on the defense of a complaint. Previously, C.C.P. Section 437c(a) required that a notice […]
By: Dan L. Longo It is no surprise to anyone that Elder Abuse/Nursing Home litigation is on the rise. There are several reasons for the increase in this type of litigation over the last five years. First, largely fueled by the media, there is a public perception that nursing homes do not provide adequate care to […]
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B. Casey Yim obtained a defense arbitration award in favor of his attorney client, the respondent in a legal malpractice case. The arbitrator also entered a monetary award in favor of the attorney for costs, in accordance with the arbitration agreement, in the amount of $10,000. The award was appealed by the plaintiff to the Superior […]
James S. Williams successfully argued an appeal on behalf of a homeowners association (HOA), its management company, as well as past and current HOA Board members. A homeowner had sued, claiming that an election enacting amended covenants, conditions, and restrictions (CC&Rs) was invalid, that the CC&Rs were amended for improper purposes and that the amended […]
Todd A. Chamberlain won a significant Motion for Summary Judgment on behalf of Markel International in the Alameda Superior Court before Judge Richard Keller. The case was brought by California Capital Insurance (“CCI”) against Markel International, Citation Insurance and their mutual insured, Roosevelt Owyang and Lumianda, LLC. The insured owned a number of apartments in Oakland […]
Gina E. Och and Corine Zygelman obtained summary judgment on behalf of their client, a distributor of motion picture cameras, digital intermediate systems, and lighting equipment. The plaintiff sued his employer, the defendant, for negligence and products liability, claiming to have sustained injury while moving a scanner, manufactured by a parent company of the defendant, down a city […]
In A Case of First Impression In Nevada , General Contractor Found To Not Be An Additional Insured in CD Action Where Endorsement Was Limited To “Ongoing Operations” – ISO Form CG 2010 10/93 The Clark County District Court granted summary judgment on a cross-complaint for contribution, arising out of an underlying construction defect action, defended by […]
After six Amended Complaints, a trip to the Court of Appeals and a Phase I Declaratory Relief trial, summary judgment was granted in favor of the firm’s excess insurer client by the Orange County Superior Court on the threshold of the start of the Phase II trial. This matter involved an underlying multi-million dollar claim […]
Plaintiff Cintas Corporation was unable to articulate the basis of its product liability claims in a suit successfully handled by Robert M. Scherk. The plaintiff purchased a chemical dispensing system, which distributes and blends chemicals into up to twelve different machines at once, built by M&C client Automatic Control Systems, Inc. The machine was originally purchased […]
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Murchison & Cumming Senior Partner Guy R. Gruppie Featured in Elevator World Magazine
/in Press ReleasesElevator World View Link Guy R. Gruppie was the subject of an interview/profile for the September issue of Elevator World, an edition focusing on pandemic-related issues affecting tort litigation in general and elevator and escalator accident cases in particular. The profile and related Q&A addressed vertical transportation claims and lawsuits in the COVID-19 era and related topics […]
Cannabis Businesses Need to Ensure Protective Safety Measures Are in Place
/in Announcements, Press ReleasesDuring many of the recent protest demonstrations, numerous cannabis businesses in California were vandalized and robbed. Some businesses have reported that the damage was not done by the peaceful protesters, but by opportunistic criminals. Since cannabis remains illegal under federal law, businesses do not have basic access to bank accounts, some insurance policies, and are […]
Four Murchison & Cumming Attorneys Named to Southern California Rising Stars List
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Partner Tina Vo and Associates Suzanna Harman, Kelsey Maxwell, and Tyler Sanchez have been selected to the 2020 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California. Tina H. Vo is a Partner in […]
Murchison & Cumming Elevates Matthew Voss to Associate Partner
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Matthew E. Voss has been elevated to Associate Partner. Mr. Voss is based in the Los Angeles office focusing his practice on Law & Motion. Over the past 20 years, he has built a diverse practice spanning from general civil litigation to entertainment law. After years of focusing solely […]
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 […]