FC&S Legal View Link Please click here for a PDF of the article. Judge James Mahan of the U.S. District Court in Las Vegas, Nevada, has granted Discover Property and Casualty Insurance Company’s motion for summary judgment, finding that the allegations against the defendant of sexually assaulting a 12 year old boy did not trigger the […]
By: Guy R. Gruppie FDCC Quarterly The following is an excerpt from, “Lose the Evidence, Lose Your Case: Understanding and Avoiding Spoliation of Evidence,” originally published in the Fall, 2012 issue of the FDCC Quarterly. Remedies and penalties for the loss, alteration, or destruction of relevant evidence are rapidly developing areas of law in several states, with […]
By: Scott L. Hengesbach Daily Journal “Finding the True Meaning of Sargon” originally appeared in the May 16, 2013 issue of the Daily Journal. The state Supreme Court’s decision in Sargon Enterprises, Inc. v. USC, 55 Cal. 4th 747 (2012), detailing a trial court’s gatekeeping responsibility regarding expert testimony, has generated tremendous buzz over its true meaning […]
By: Nancy N. Potter USLAW Magazine The following is an excerpt from, “You’re Never ‘Fully Covered’: Obligations and Liabilities of Insurance Brokers in Procuring Insurance for Their Clients,” originally published in the Spring/Summer 2013 issue of USLAW Magazine. A few years ago, I arranged to purchase a homeowners insurance policy from a major national insurance company. […]
Daily Journal “Walking Back Miranda Rights?” originally appeared in the April 1, 2013 issue of the Daily Journal. The Supreme Court’s 1966 Miranda decision sought to provide a means to ensure that those whose freedom of action was in some way deprived had a means of protection from coerced, self-incriminating statements (a.k.a. the third degree). The court […]
In response to state-imposed budget cuts, the Los Angeles Superior Court will be closing its Alternative Dispute Resolution (ADR) Department. The department stopped providing certain services on March 11, 2013. The first office closures will begin in April and, by May 31, all of the Court’s ADR offices will be closed and all services stopped. […]
IADC Insurance and Reinsurance Committee Newsletter The following is an excerpt from, “California Courts and the Duty to Initiate Settlement Negotiations: Ramifications of the DU Decision(s),” originally published in the February 2013 issue of the International Association of Defense Counsel’s Insurance and Reinsurance Committee Newsletter. On June 11, 2012, the 9th Circuit Court of Appeals announced its […]
Post 85 View Link Amazon opened another Go store in San Francisco, its third city after opening locations in Chicago and Seattle. Scan your Amazon account on the Amazon Go app to enter, pick what you want off the shelves and walk out. Cameras and sensors track customers throughout the store and other technology monitors […]
Last week, the Bureau of Cannabis Control and the Department of Consumer Affairs’ Division of Investigation – Cannabis Enforcement Unit coordinated with police departments in Sacramento and Costa Mesa to serve search warrants on unlicensed cannabis businesses. On August 22, 2018, a search warrant was served on an unlicensed cannabis home delivery business in Sacramento. […]
Just as the state has allowed legalized adult use of cannabis, the feds have thrown a wrench in California’s new “Green Rush” era. Attorney General Jeff Sessions has rescinded the 2013 Cole Memo which set forth federal involvement and enforcement in states that have legalized cannabis. The Cole Memo detailed enforcement directives that allowed states […]
With the legalization of cannabis in California, cannabis businesses will need to address their real estate needs. As not many businesses can afford to buy a building outright, leases will need to be negotiated and executed. However, cannabis related real estate leases will need to be handled more carefully than a normal commercial lease. Once […]
In 1996, California voters decriminalized the medical use of marijuana by approving the California Compassionate Use Act. In 2015, the voters approved the Medical Cannabis Regulation and Safety Act (“MCRSA”), to regulate the medical marijuana industry. In 2016, California voters approved the Adult Use of Marijuana Act (“AUMA”), allowing (1) individual adults to possess, use, […]
Support Animals in the Workplace California employers are familiar with service dogs as a reasonable accommodation for employees and applicants with disabilities. But, what about “support” animals? In 2013, the California Fair Employment and Housing Act (“FEHA”) required California employers to allow “assistive animals” in the workplace as a reasonable accommodation. Assistive animals include service […]
By: Bryan J. Ure Murchison & Cumming Blog: Post 85 View Link Introduction Subrogation litigation is a very broad topic that encompasses many different practice areas. It is ultimately however a practice specialty unto itself. It includes innate complexities of subrogation law, but also requires the skills of a Plaintiff’s attorney, and the knowledge of a […]
On April 29, 2014 Murchison & Cumming, LLP will present its annual “Year in Review: California Case Law Update” taking a look back at the significant Supreme Court and Appellate Court decisions during 2013. As in prior years, the program will take place at the Walt Disney Concert Hall in Los Angeles. During the During […]
Mediating a Case Driven by Coverage Issues and Avoiding Bad Faith Settling and mediating cases with coverage issues can be a challenge. How the carrier decides to negotiate or settle cases can protect those coverage positions and the carrier’s exposure, or it can create potential bad faith liability. We will identify the challenges of settling […]
Coverage Issues Related to Directors & Officers and Professional Liability Policies Claims brought under D&O and other professional liability policies present a number of challenging issues. What is a “claim?” What constitutes “professional services?” When are multiple claims considered to be “interrelated?” Does the “late notice” defense apply to claims made policies? This presentation will […]
Who’s On First? How Deductibles and SIRs Affect Allocation and Priority of Coverage Determining when an insurer must participate in the defense and indemnity depends on whether the insured has retained limits in its insurance program, and what type of retention. This presentation will address how trigger of coverage and allocation of defense and indemnity […]
An Examination of Important Case Law (non-Marine) from California Jean M. Lawler and Edmund G. Farrell, III will present Murchison & Cumming’s “Year in Review: California Case Law Update,” taking a look back at the significant Supreme Court and Appellate Court decisions during 2012, in London, England on February 7, 2013 at 4:30 p.m. The seminar will […]
Important Court Decisions in 2012 for the Insurance Industry A brief survey of 2012’s California and Nevada Appellate and Supreme Court decisions which impact insureds, insurers, risk managers, brokers and agents, on issues ranging from insurance coverage to bad faith and claims handling. This and the other Insurance Roundtables are intended to be interactive and […]
Tools for Successfully Navigating the Subrogation Obstacle Course This Roundtable will address ways to maximize subrogation recoveries in both first and third party situations, including contribution versus subrogation, the name in which the suit should be brought, applying the “made whole” doctrine and overcoming defenses to these types of claims, such as the doctrine of […]
A Long Beach jury returned a verdict in favor of the defendant, a local restaurant from Avalon, California. Murchison & Cumming Partner Lisa D. Angelo represented the restaurant in a five-day trial where plaintiff asked the jury to award her $5 million dollars. The plaintiff fell upon a curb on the corner of Third St. and Catalina […]
A California Superior Court granted a motion for discretionary dismissal in a premises liability case handled by Heidi C. Quan and Katelyn M. Knight. The case arose from an incident that took place on August 3, 2012 at a fast food restaurant. According to the complaint, the plaintiff was using the restroom when a toilet paper dispenser dislodged […]
Judge Patricia Nieto of the Los Angeles Superior Court Grants Motion for Summary Judgment in premises liability / “dog-bite” case against local Pet Shop and animal rescue owner in a case handled by Lisa D. Angelo and Kelsey L. Maxwell. Four days before the statute of limitations was to pass, on November 6, 2014, the plaintiff, a frequent […]
A plaintiff was injured during the course and scope of his employment at a scrap metal facility when the circuit breaker box exploded as he tried to turn on a compressor. He suffered severe burns and disfigurement to his hand. Although he received full workers compensation benefits, the plaintiff filed a civil case against Murchison […]
A Van Nuys jury issued a 12-0 verdict in favor of a property management company, represented by attorney Russell S. Wollman of Murchison & Cumming, LLP. Plaintiffs alleged a HVAC unit installed on their condominium roof top caused excessive noise and vibration resulting in injuries and damages. They sued the management company that hired the company who […]
The San Francisco County Superior Court granted summary judgment in an intentional tort case handled by Heidi C. Quan, Chantel E. Lafrades, and Katelyn M. Knight. The case arose from an incident that took place in 2012 at the Food Express restaurant in San Francisco’s Chinatown district. The Plaintiff walked into the Food Express restaurant where she was […]
A Los Angeles court granted a summary judgement in favor of Motorcycle Safety Foundation, represented by Murchison & Cumming attorney Nancy N. Potter. The plaintiff took a beginners’ motorcycle riding course from Motorcycle Safety Foundation, on the campus of Cerritos College; as part of the enrollment, he signed a waiver and release of liability. During the […]
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Welcome Richard Nusbaum as the newest Associate Partner in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Richard Nusbaum has joined the Los Angeles office as an Associate Partner focusing his practice on habitability matters. His professional experience in civil litigation ranges from construction defects, toxic exposure, personal injury, appellate work, and insurance coverage. Earlier in his career, Richard played a critical role in overturning a […]
Welcome Kayla Wheeler as the newest Associate in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Kayla F. Wheeler has joined the Los Angeles office as an Associate. She obtained her bachelor’s degree with honors from the University of California, Los Angeles, in African American Studies with a minor in public affairs. Kayla earned her Juris Doctor at Syracuse University, College of Law in New […]
Welcome Arlen Printz as the newest Associate in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Arlen F. Printz has joined the Los Angeles office as an Associate, focusing his practice on general liability matters. Prior to joining M&C, Arlen was an attorney at a law firm specializing in personal injury matters on all pre-trial aspects from initial intake and case evaluation, to drafting pleadings, […]
Welcome Kristen Blanton as the newest Associate in Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Kristen Blanton has joined the Los Angeles office as an Associate. Her background includes clerking at a law firm handling employment matters, where she focused on class action wage and hour settlements, wrongful termination claims, and discrimination lawsuits. She drafted a variety of legal documents, including complaints, motions, and […]
Welcome Graham Simmons as the Newest Associate in San Diego
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Graham A. Simmons has joined the San Diego office as an Associate. He is distinguished by his passion for writing, commitment to community engagement, and dedication to his legal practice. Influenced by his father’s fervent passion for screenwriting, Graham acquired his bachelor’s degree in English with an emphasis on […]
Murchison & Cumming Names Two New Associate Partners
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Julie Esposito and Tyler Ure have been elevated to Associate Partner. Julie A. Esposito is based in the Los Angeles office, focusing her practice on general liability, products liability, and professional liability. Her experience includes handling matters in the arena of SIU (fraud) claims as well as […]
Four Murchison & Cumming Attorneys Named 2024 Southern California Super Lawyers
/in Announcements, Press ReleasesSenior Partners Guy R. Gruppie and Friedrich W. Seitz, and Partners James O. Eiler and Gina E. Och have been recognized as 2024 Southern California Super Lawyer honorees in the annual vote of peers and area judiciary conducted by Thomson Reuters. Mr. Gruppie is one of California’s leading defense attorneys, focusing on complex, major injury and high-profile litigation. He is being recognized […]