Tag Archive for: dan-longo

Trial Victory in Medical Malpractice Case

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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 of care.

The case began when the plaintiff tripped while walking up a flight of stairs at a gym, causing her glass water bottle to break, resulting in two cuts on her palm. Seeking immediate medical attention, she went to a nearby hospital, where the Physician’s Assistant provided treatment, including examination and imaging. The lacerations were repaired, and before discharge, the Physician’s Assistant coordinated a follow-up consultation with a hand surgeon. Three days after the incident, the plaintiff underwent surgery where two small pieces of glass were removed from her wound, followed by nerve and tendon repairs.

The plaintiff contended that the Physician’s Assistant’s treatment fell below the standard of care, alleging that the wound was closed despite the suspicion of retained glass. She also claimed that the nerve and tendon damage resulted from the retained glass, not the initial fall. Additionally, the plaintiff accused the Physician’s Assistant of closing the wound against her wishes, which she labeled as medical battery, and later asserted that she now suffers from Complex Regional Pain Syndrome due to the injuries.

The Physician’s Assistant served a C.C.P. 998 offer in January of 2024 to encourage settlement, but the offer was rejected.

The trial was bifurcated between liability and damages. The jury ultimately concluded that the Physician’s Assistant was not negligent in the care provided and confirmed that all medical procedures were performed with the plaintiff’s consent, leading to a favorable verdict for the defense.

Murchison & Cumming’s Dan Longo Recognized by L.A. Times

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Murchison & Cumming, LLP is pleased to announce that Managing Partner Dan L. Longo has been recognized as a Visionary by the L.A. Times B2B Publishing Division in the Business of Law: Trends, Updates, Visionaries & In-House Counsel Leadership Awards Magazine.

When Dan Longo started at Murchison & Cumming, LLP back in 1982, the Firm’s Los Angeles headquarters were based in the Mid-Wilshire area, that had for many years been home to Los Angeles based insurance companies and the law firms that they worked with. The 80’s were a much different time, most everyone at the office smoked, there were no computers, laptops or even word processors, documents could be transmitted “instantly” by something called a Telecopier. Every secretary had an IBM Selectric on a side desk, by which dictation onto cassette tapes were transformed into pleadings, discovery, and correspondence. The firm was almost by definition an old-school insurance defense operation.

Fast-forward, not with a cassette tape, or even a compact disc, but in time to present day 2021. Longo is currently overseeing the renovation of M&C’s downtown Los Angeles office, which first moved there in 1993. When the major construction work is completed in a few months, it will be a completely updated, modern office that includes “hotel” stations for attorneys who do not need or want to work out of a traditional office. The renovations will also be emblematic of the many positive changes and transitions that Longo has instituted during his tenure as Managing Partner.

Chief among those transitions is employing a highly successful Covid-19 remote-working plan so that even a litigation firm like M&C could not only be fully functional, but thriving and growing. During the last 15 months, when many law firms were doing anything but that, M&C remained a leader in the field without any disruption to day-to-day business or our clients despite literal overnight changes.

“We feel very fortunate to have gotten through the worst of Covid-19, thanks to the loyalty of our clients and the hard work and dedication of all our attorneys and employees,” Longo said. “I think we are emerging as a stronger, better law firm and am very proud to be able to say that.”

Longo has been committed to the ongoing initiative of diversity, equity, and inclusion achievements at the firm. Between continuing programming within the firm and outreach to new organizations, including a partnership through USLAW NETWORK with Howard University, Longo continues to ensure positive and diverse growth with the firm’s employees. Under his leadership the two most recent senior partners were both women and the 2020 summer associate program was the most diverse group the firm has ever recruited. Of the six summer associates, five were from a diverse background.

On a personal level, Longo, a native Angeleno, attended John Marshall High School in Los Feliz, University of Southern California, and Loyola Law School. A true family man, Longo and his wife Marti have been married for 33 years and raised their three children in Orange County. The family played a major role in the planning and development of Serra Catholic School in Rancho Santa Margarita, where Marti taught.

In an era where many competitors have either closed their doors or merged into mega-operations where most of the lawyers do not even know each other, Murchison & Cumming, LLP is more valued by its longtime clients than ever. M&C continues to serve a wide array of clients including insurance companies, corporations, public entities, small businesses, and individuals.

Murchison & Cumming Names New Partner in the Los Angeles Office

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Murchison & Cumming, LLP is pleased to announce that Kelsey L. Maxwell has been elevated to Partner. Kelsey focuses her practice on the areas of general liability, product liability and specialty tort including habitability and discrimination claims. Kelsey approaches every case with a fresh perspective, always considering what particular course of action would be best for her clients – whether they are individuals or large companies. She prides herself on working with clients who are new to litigation, and easing their fears and anxieties during what can be a stressful experience.

“We are very proud to welcome Kelsey to our partnership. We look forward to a long and successful tenure at our firm,” said Dan L. Longo, Managing Partner.

Kelsey is a graduate of The University of Arizona (B.A.) and Chapman University, Dale E. Fowler School of Law (J.D.). She started with the firm as a summer associate at M&C’s Orange County office in 2012 and 2013 continuing on as a post-bar clerk in Los Angeles beginning in 2014. Having started undergraduate school at 17 and graduating in three years, she passed the California Bar Exam at only 23 and became a practicing attorney at M&C that same year. Among her many accomplishments, Kelsey is most proud of being a wife and new mom to her one year old son.

Dan Longo named Chair of USLAW NETWORK

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Murchison & 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 Chair of USLAW NETWORK for the coming year and continue the work of our Board that is focused on client service, client resources, trusted referrals and ongoing business development,” said Longo. “These are exciting times in the legal profession, and I look forward to collaborating with both my USLAW colleagues and our many clients to ensure that we embrace the changing landscape, including new technology, to ensure we continue to provide legal services efficiently, economically and with cutting-edge advice.”

Mr. Longo is a senior partner and serves as the managing partner of Murchison & Cumming. He also co-chairs the Health Law and Professional Liability practice groups. Mr. Longo primarily represents skilled nursing facilities, board and care facilities, and hospitals. He focuses his practice in the areas of medical malpractice, legal malpractice, insurance agent/broker E&O, general liability, providing insurers with coverage, HOA, and directors and officers liability in a variety of litigation matters. He also has substantial experience in construction defect matters involving a wide array of legal issues

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’s William T. DelHagen Retires After 42 Years of Practicing Law

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Dan L. Longo, Managing Partner of Murchison & Cumming, LLP has announced that after more than 40 years of practice and 17 years at M&C, Bill DelHagen has retired as Of Counsel at the firm. Mr. DelHagen focused his practice on product liability, aircraft, automotive, trucking, general liability, and business litigation matters and is a Martindale Hubbell “AV-Preeminent” rated attorney. Working at Rockwell International designing military airplanes for almost 10 years as an Advanced Systems Project Engineer gave Mr. DelHagen and his clients an immense advantage as an industry insider.

Mr. DelHagen graduated from MIT with a BS in Aeronautical Engineering in 1966 and moved to Los Angeles where received his MS in Aeronautical Engineering before attending Loyola Law School at night. He graduated from law school in 1975 and passed the California Bar Exam that same year. He was a part of Kirtland & Packard, LLP from 1975 – 1989, then Belcher, Henzie, Biegenzahn until 2001 when he joined M&C.

Mr. DelHagen is a defense trial lawyer to the core, with decades of expertise having tried more than 60 federal and superior court cases. His clients have included, among many others, Cessna Aircraft Company, Bob Hill Hydraulic Cranes, Phoenix Air, The Goodyear Tire & Rubber Company, Lear Corporation, Seagrave Fire Apparatus, Kelsey-Hayes Corporation, VKB, Kocks Crane & Marine, Fruehauf Corporation, United Road Services, Vac-Con, Kone Cranes, Paceco/CEM&CO, and Alcoa.

“After more than 40 years as a trial lawyer, Bill has decided to retire. Bill is one of the most prolific defense attorneys of his generation,” said Dan Longo. “We will miss his trial skills but we are grateful that he has done his best to pass his knowledge on to our younger lawyers.”

Mr. DelHagen states that he will miss the fellowship of his colleagues at M&C and the competition of trial, but he looks forward to a life with no more deadlines. He has never “planned” what to do in retirement, but four years ago he started renting a motorcycle on his birthday so keep an eye out for him each year as he rides around Los Angeles.

Defense Verdict for Skilled Nursing Facility Against Elder Abuse Claims

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A Los Angeles Superior Court Jury returned with a defense verdict in favor of a skilled nursing facility based in Ventura County after a 10-day trial in which plaintiffs sought to recover more than $15 million in compensatory damages as well as punitive damages. Murchison & Cumming Senior Partner Dan L. Longo, Esq. and Partner Mary C. Trinh, Esq. represented the defendant skilled nursing facility and defendant corporate entities.

The plaintiff, then age 79, was admitted to the skilled nursing facility to recover from a brain surgery that was performed after a series of falls at home. Within the first month of admission, the plaintiff was transferred out twice and hospitalized for medical issues relating to her significant pre-existing medical problems, which included diabetes, contractures, recurrent urinary tract infections, osteomyelitis, deep vein thrombosis and partial paralysis. On admission to the skilled nursing facility, the plaintiff was noted to have four skin ulcers. Three months later, three of the skin ulcers healed but the sacral decubitus ulcer evolved from a Stage II to an unstageable/Stage IV ulcer.

At trial, the plaintiff contended that purported poor care, reckless neglect and the defendants placing “profits over people” led to the progression of the sacral decubitus ulcer from a Stage II to an infected, life-threatening, “baseball-sized” Stage IV ulcer. The plaintiff’s daughter and son asserted separate claims for negligent infliction of emotional distress and intentional infliction of emotional distress attributed to the neglect of their mother and the facility’s alleged attempts to “cover up” the progression of the sacral decubitus ulcer.

There was no dispute that the sacral decubitus ulcer evolved. However, the defense successfully argued that the progression of the sacral ulcer was medically unavoidable due to the plaintiff’s significant underlying serious health issues which, combined with the location of the ulcer, interfered with the healing process. Mr. Longo and Ms. Trinh also presented evidence that an interdisciplinary team closely monitored and treated the ulcer and that the family received regular updates regarding the plaintiff’s condition and the care provided.

The jury returned with a defense verdict as to all causes of action after only three hours of deliberation. The case was tried before Hon. Elizabeth R. Feffer in the Stanley Mosk Courthouse, Downtown Los Angeles.

Four from Murchison & Cumming Honored in Southern California Super Lawyers Edition

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Murchison & Cumming, LLP is pleased to announce four attorneys from the firm’s Los Angeles and Orange County offices have been recognized in the 2018 Southern California Super Lawyers Edition. The honorees include Managing Partner Dan L. Longo, Senior Partners Guy R. Gruppie, William D. Naeve, and Friedrich W. Seitz.

Mr. Longo was recognized for the seventh consecutive year. He primarily represents skilled nursing facilities, board and care facilities, and hospitals. He focuses 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. Gruppie, one of California’s go-to defense trial attorneys, has been recognized as a Super Lawyer for the 10th 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.

Mr. Naeve, named for the fourth consecutive year, focuses his practice on medical liability, managed healthcare organizations, employment, wage and hour, D&O and breach of fiduciary duties claims in both State and Federal Courts. He serves as a regional insurance coverage counsel for two nationally based carriers and defends insurance bad faith and coverage actions in both California and Nevada and also as hospitality defense counsel for nationally recognized casual dining entities.

Mr. Seitz served as Managing Partner of the firm from 1986 to 2007 and has been selected for the 14th consecutive year. He focuses his practice on domestic and international product liability, aviation, catastrophic injuries and business litigation and is a specialist in defending wildland fire cases.

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.

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.

Murchison & Cumming’s Jean M. Lawler Retires as Senior Partner of the Firm

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Dan L. Longo, Managing Partner of Murchison & Cumming, LLP has announced that, after more than 31 years at Murchison & Cumming, former Managing Partner Jean M. Lawler has retired as a Senior Partner of the firm and transitioned to Senior Counsel status. As she moves into the next phase of her legal career, Ms. Lawler, who became a trained mediator in 2007, will be focusing on building a mediation/ADR practice.

Ms. Lawler, who has been a lawyer for more than 37 years, started at the firm in 1985 as a part-time Senior Associate with four children under the age of seven, and progressed through the ranks, becoming a Senior Partner in January 1997, the first woman to sit at that table. Ms. Lawler was instrumental in implementing many changes at the firm over the years, encouraging and mentoring lawyers and building practice groups. A founder of the firm’s Insurance Law practice group, Ms. Lawler developed an international practice and reputation, representing insurers from the U.S., London, Bermuda, European and Asian insurance markets and their insureds in a myriad of litigated and non-litigated matters. She has also served as a Chair of the firm’s Cyber & Privacy Law, International Law and Business & Real Estate Transactions practice groups. From 2008-2013 Ms. Lawler served as firm-wide Managing Partner, growing the firm and leading it through the challenges of the Great Recession.

A leader of the defense bar on a local, national and international basis, Ms. Lawler presently serves as President of Insuralex, a global insurance lawyers group with members around the world. In 2011 she was honored to assist in founding the American College of Coverage & Extra-Contractual Counsel and thereafter serving for several years as a Regent of the College.

Ms. Lawler was the first woman to become President of the Federation of Defense & Corporate Counsel (FDCC), an international professional association of defense counsel, corporate counsel and insurance executives founded in 1936, serving as its President for the 2004-2005 term. Her service included participating in the American Civil Trial Bar Roundtable in Washington, DC, whose focus that year included speaking out against violence against the judiciary and the need for increased safety in our country’s courthouses; speaking on American law in Australia and Spain; and implementing and overseeing several FDCC initiatives.

Those initiatives included the 2004 inaugural FDCC Corporate Counsel Symposium and co-founding the April 2005 inaugural “National Summit on the Right to Trial by Jury,” (also known as the 7th Amendment Summit), jointly developed by FDCC and ABOTA with the support and sponsorship of many other legal associations. Convened to consider the issue, “The American Jury Trial — Do We Allow Its Death or Lead Its Rebirth”, the Summit resulted in a call to action on the part of the bar and judiciary. Resolution #41 on the ABOTA website, the 7th Amendment Summit Resolution adopted on August 13, 2005, and its ensuing outgrowth is one action that resulted from that Summit.

She has also served as a Director of DRI, Lawyers for Civil Justice (LCJ) and the Association of Southern California Defense Counsel (ASCDC).

“I am both delighted and saddened that Jean is retiring, as she has been a colleague, opposing counsel and friend for years,” said Mary Craig Calkins, a partner at Kilpatrick Townsend & Stockton in Los Angeles. “Jean is a Founding Fellow of the American College of Coverage & Extracontractual Counsel, a national organization of preeminent coverage and bad faith counsel, and has a tremendous background in the insurance issues affecting both sides. With her competence, skill and demeanor, I know Jean will excel as she opens her ADR practice.”

A graduate of Loyola Law School, Los Angeles, and Loyola Marymount University, Ms. Lawler is rated AV Preeminent by Martindale-Hubbell, listed in Who’s Who, rated as a Southern California Super Lawyer since 2006 and, since 2011, been included on Super Lawyers’ Annual List of Top Women Lawyers in Southern California. On the 2016 List, she was one of only 20 Southern California women recognized for Insurance Coverage.

“I have had the pleasure of working with Jean for more than 30 years,” said Managing Partner Dan L. Longo. “During that time she not only developed an international reputation as an excellent attorney, she also helped guide our firm through the troubled waters related to the 2008 financial meltdown. We wish Jean the best in her new role and are confident that she will bring the same expertise and hard work to her new career in ADR.”

A firm believer in the words “carpe diem”, Ms. Lawler looks forward with anticipation to the professional and personal experiences the future will bring and the people she will meet. She also very much looks forward to having time to use some of the frequent flyer miles she has accumulated and to being able to spend more time with family and her young grandchildren (other than working on science projects, that is).

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.