Tag Archive for: friedrich-seitz

Friedrich Seitz to Speak at Joint International Conference

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LONDON, ENGLAND—Friedrich W. Seitz is slated to speak on, “Product Safety Regulation in the U.S. & Europe – Challenges for Global Manufacturers,” at the 2007 Joint International Conference. Hosted by the Federation of Defense and Corporate Counsel (FDCC), Defense Research Institute (DRI), International Association of Defense Counsel (IADC) and Association of Defense Trial Attorneys (ADTA), the conference is designed to explore product liability and insurance/reinsurance issues in the context of global trends and experience.

About the Federation of Defense and Corporate Counsel
The Federation of Defense & Corporate Counsel (FDCC), composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits. To learn more about the FDCC, please visit http://www.thefederation.org.

Five Named Southern California Super Lawyers

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Murchison & Cumming is proud to announce that Friedrich W. Seitz, Michael B. Lawler, Jean M. Lawler, Edmund G. Farrell, III, and Scott L. Hengesbach have been named Southern California Super Lawyers for 2006. Produced by Law & Politics, the list of Super Lawyers is based on surveys of more than 60,000 lawyers across nine counties, and reflects both peer recognition and professional achievement. Only the top 5% of attorneys practicing in Southern California are selected as Super Lawyers.

Friedrich Seitz is Managing Senior Partner and Chair of the firm’s Product Liability Practice Group. A prominent trial attorney and litigator in both domestic and international matters, Mr. Seitz also serves on the Special Arbitration Panel of the Los Angeles Superior Court.

Michael Lawler is a Senior Partner and Co-Chair of the Employment Practice Group Mr. Lawler has successfully tried over one hundred jury trials in the federal and state courts.

Jean Lawler is a Senior Partner and Chair of the Insurance Law and Business Transactions Practice Groups. Immediate Past President of the Federation of Defense & Corporate Counsel, Ms. Lawler was awarded the 2006 Service Award by the Defense Research Institute for her years of leadership and service to that organization.

Edmund Farrell is a Senior Partner and Chair of the firm’s Law and Appellate Practice Group. Mr. Farrell concentrates his professional activities in the area of law and motion and appellate practice, and has effectively managed the handling of over one hundred appeals and writ petitions.

Scott Hengesbach is a Partner and Chair of the Toxic Tort and Environmental Law Practice Group. A seasoned trial attorney, Mr. Hengesbach focuses his practice in the areas of toxic tort and environmental litigation, including litigation involving benzene, hard metals, silica, welding rods and asbestos.

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier 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. For additional information, please visit our website at www.murchisonlaw.com.

Friedrich Seitz And Michael Lawler Named Southern California Super Lawyers

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Murchison & Cumming, LLP is proud to announce that Friedrich Seitz, the firm’s Managing Partner, and Michael Lawler, Senior Partner, have been named Southern California Super Lawyers for 2005. Produced by Los Angeles Magazine, the list of Super Lawyers® is based on surveys of more than 65,000 lawyers across Los Angeles and Orange County and honors the top 3% of licensed attorneys in Southern California.

Friedrich W. Seitz serves as Chair of the firm’s Product Liability Practice Group. He is a seasoned trial attorney and frequent speaker and author on product liability and international law issues. He currently serves as the Chair of the Products Liability Section for the Federation of Defense and Corporate Counsel. Mr. Seitz is a graduate of the University of Southern California (B.A.) and Southwestern University (J.D.)

Michael B. Lawler is the Chair of the Health Law and Co-Chair of the Employment Law Practice Groups. Mr. Lawler focuses his practice on complex litigation involving nursing homes, elder care abuse, medical malpractice, and employment. He is a member of numerous professional organizations including the Association of Southern California Defense Counsel, for which he served as President in 1994. Mr. Lawler is a graduate of Loyola University of Los Angeles (B.B.A.) and Southwestern University (J.D.).

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier 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 Network. For additional information, please visit our website at www.murchisonlaw.com.

Motion For Summary Judgment Successful On Recreational Use Immunity suit v. Utility

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Murchison & Cumming, LLP successfully obtained a motion for summary judgment in a personal injury case, the matter having been handled by Friedrich W. Seitz, Kenneth H. Moreno and Gina E. Och.

Two minor girls were injured when one of the girls contacted electrical equipment at a substation owned by Southern California Edison Company (“Edison”). The two girls lived in the neighborhood next to the substation. On the day of the incident, the girls were playing ball and the ball flew over the wall of the substation and into a fenced-off area containing the electrical equipment. The two girls decided to retrieve the ball and climbed onto the substation’s surrounding brick wall and over into the substation. One of the girls then climbed a locked, chain link fence, measuring 6 feet tall, and jumped down into the area with the electrical equipment. As she was reaching for the ball, she made contact with the electrical equipment. Warning signs and “Do Not Enter” signs were posted around the perimeter of the substation, inside the substation, and around the perimeter of the chain link fence. Additionally, barbed wire, chain link fencing, and spikes were affixed to the outside brick wall.

Plaintiffs sued Edison for negligence and premises liability. In response, the defense filed a Motion for Summary Judgment based on a statutory immunity codified at Civil Code section 846, commonly known as the “recreational use immunity.” The immunity is intended to prohibit any negligence claims against property owners by uninvited, non-paying recreational users. Edison argued that the recreational use immunity applied in this instance because it met the two elements of section 846: (1) it owned the substation; and (2) plaintiffs’ injuries resulted from their entry into the premises for a recreational purpose. Based on the legislative purpose, the statutory language, and current case law, the Court granted the defense’s summary judgment motion. The Court found that not only did Edison own the substation, but that the girls’ actions were included in the statutory definition of “recreation.” Moreover, the Court held that none of the three statutory exceptions to the recreational use immunity applied. Namely, there was no evidence that (1) Edison willfully or maliciously failed to guard or warn against a dangerous condition on its property; (2) Edison did not grant the plaintiffs permission to enter the property in exchange for a paid fee; and (3) Edison did not expressly invite plaintiffs to come upon its property. Accordingly, plaintiffs’ entire complaint was barred and Edison was not liable as a matter of law.

Application of Prop 51 in Product Liability Cases

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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 is codified in Civil Code §§ 1431-1431.5.  Civil Code § 1431.2, was intended to make the tort system more equitable by partially eliminating the “deep pocket rule” of joint liability, which sometimes required a tortfeasor who might only be minimally culpable to bear all of the plaintiff’s damages. Hock v. Allied-Signal, Inc. 24, Cal.App.4th 48 (1994).

Civil Code § 1431.2(a) provides:

“In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.”

In other words, the Fair Responsibility Act preserved the traditional joint and several liability doctrine with respect to a plaintiff’s economic damages, but with respect to noneconomic damages adopted a rule of several liability, providing that each defendant is liable for only that portion of the plaintiff’s noneconomic damages that is commensurate with that defendant’s degree of fault for the injury. 14 Cal Jur 3d (Part 2) § 102 p. 170…

Significant to note, where a manufacturer is sued under a theory of strict products liability and another person or entity is sued for separate acts of negligence and both the defect of the product and the negligent act results in plaintiff’s injury -it appears that Proposition 51 is applicable -although no case is directly on point.  Proposition 51 applies to actions based upon principles of comparative fault and there is long-standing Supreme Court authority allocating fault between strictly liable and negligent defendants. Arena v. Owens-Corning Fiberglas Corp., 63 Cal.App.4th 1178, 1193 (1998) citing Daly v. General Motors Corp., 20 Cal.3d 725 (1978) and Safeway Stores, Inc. v. Nest-Kart, 21 Cal.3d 322 (1978). Daly court allowed apportionment of fault between a negligent plaintiff and a strictly liable defendant. Safeway court applied comparative fault principles to a strictly liable defendant and a negligent defendant.

Reporting Requirements Under the Tread Act and the Consumer Product Safety Act

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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 U.S.C. § 30101 et seq. (2003).  The TREAD Act addresses several issues raised by the Ford/Firestone tire recall, such as defect reporting requirements, see 49 U.S.C. § 30166, enforcement measures, see 49 U.S.C. §§ 30165, 30170, and “significantly under inflated tires,” see TREAD Act § 13.

Regarding defect reporting requirements, the focus of this memorandum, the TREAD Act requires automakers to notify the Secretary of Transportation within five days of discovery of a defect or the need for a safety recall.  See 49 C.F.R. § 573.6.  This requirement applies to related recalls in foreign countries as well.  See 49 U.S.C. § 30166(l)(1),(2).

The Act requires dynamic rollover tests for SUVs and trucks and tougher standards in regulation of design and construction of child safety seats, specifically to side impact and head injuries.  See 49 C.F.R. § 572.1 et seq.

The Act also establishes civil and criminal penalties for failure to comply with its regulations.  Civil penalties may be as high as $5,000 for each violation, with a maximum of $15 million per day for accumulated daily violations.  See 49 U.S.C. § 30165(a)(2).  This is a risk some manufacturers may not be willing to take.

II.Reporting Requirements Under The Consumer Product Safety Act

The Consumer Product Safety Act, 15 U.S.C. §§ 2051-2084, initially adopted in 1972, sets forth consumer product safety rules, including product safety standards and warning requirements.  The Act established the Consumer Product Safety Commission (“CPSC”), an independent federal regulatory agency with a wide range of powers over consumer products, including authority to adopt and implement product safety standards, ban the sale of unsafe products, and require companies to notify consumers of product hazards
Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b), requires manufacturers, importers, distributors, and retailers of consumer products to notify the CPSC if they obtain information that reasonably supports the conclusion that a product (1) fails to comply with a consumer product safety standard established by the CPSC or a voluntary consumer product safety standard upon which the CPSC has relied under section 9 of the Act; (2) contains a defect which could create a “substantial product hazard”; or (3) creates an unreasonable risk of serious injury or death.

The CPSC has recommended that, at a minimum, a report is required if a jury or court has determined in a product case involving serious injury or death that a product presents an unreasonable risk or is unreasonably dangerous for its intended use.  In addition, the Act bans certain hazardous products for use by consumers, including Butyl Nitrite and Isopropal Nitrite and other nitrites.  See 15 U.S.C. §§ 2057a, 2057b…

Friedrich W. Seitz Named Southern California Super Lawyer

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Los Angeles, CA – February 2, 2004 – Murchison & Cumming, LLP is proud to announce that Friedrich W. Seitz, the firm’s Managing Partner, has been named a Southern California Super Lawyer for 2004. Produced by Los Angeles Magazine, the list of Super Lawyers© is based on surveys of more than 65,000 lawyers across Los Angeles and Orange County and honors the top 3% of licensed attorneys in Southern California.

Mr. Seitz serves as a Senior Partner and Chair of the firm?s Product Liability Practice Group. He emphasizes his practices on products liability, domestic and international law and mass tort litigation. Mr. Seitz has tried more than one hundred jury trials, most involving product liability matters. Mr. Seitz is a member of the Association of Southern California Defense Council, the International Association of Defense Counsel, the Defense Research Institute and the Product Liability Advisory Council, Inc. He is also a member of the Federation of Defense and Corporate Counsel for which he currently serves as the Chair of the Products Liability Section. Mr. Seitz is a frequent speaker and author on product liability and international law issues. Mr. Seitz is a graduate of the University of Southern California (B.A.) and Southwestern University (J.D.).

The list of Southern California Super Lawyers is produced by Law and Politics Magazine in conjunction with Los Angeles Magazine. Founded in 1990, Law & Politics is a monthly magazine published 10 times a year with two combined issues. In 1997, Law & Politics opened an office in Seattle and began publishing Washington Law & Politics.

Law and Politics has been described as a local version of Mad magazine mixed with The Harvard Law Review and the New Yorker. It’s a magazine for those who care about, or have a stake in, the public policy debate that is the basis of our editorial. The magazine’s audience consists of those in positions of power in media, government, politics, law and business. It has won several awards for editorial excellence a National Clarion Award.

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier 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. For additional information, please visit our website at www.murchisonlaw.com.

Friedrich Seitz to Speak at Liability Euroforum

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HAMBURG, GERMANY—Friedrich W. Seitz is slated to speak at the 2004 Euroforum.

Mr. Seitz will present on, “Risk Management: The Attorney’s Role and the ‘Black List’ Myth and Fact.”

About the Haftpflich Euroforum
The Haftpflich Euroforum is an annual insurance liability meeting held in Hamburg, Germany. The meeting provides an opportunity for industry professionals to exchange ideas, network and learn about new developments and trends in the law. To learn more about the Haftpflich Euroforum, please visit http://www.euroforum.de/.

Friedrich Seitz to Speak at London Product Liability Seminar

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LONDON, ENGLAND – Friedrich W. Seitz is slated to speak at the 2003 FDCC Product Liability Seminar. Mr. Seitz will present on, “Risk Management: The Attorney’s Role and the ‘Black List’ Myth and Fact.”

About the Federation of Defense and Corporate Counsel
The Federation of Defense & Corporate Counsel (FDCC), composed of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits. To learn more about the FDCC, please visit http://www.thefederation.org.

Murchison & Cumming, LLP Partner, Friedrich W. Seitz Appointed Chair of Product Liability Section of FDCC

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Los Angeles, CA – August 26, 2003 – Murchison & Cumming, LLP is proud to announce that Friedrich W. Seitz, the firm’s Managing Partner, has been appointed Chair of the Products Liability Section of the Federation of Defense & Corporate Counsel (FDCC). As Chair of the Product Liability Section, Mr. Seitz is responsible for reviewing proposed legislation and coordinating presentations and programs designed to educate attorneys and claims professionals.

As Chair of Murchison & Cumming’s Product Liability Practice Group, Mr. Seitz has tried more than one hundred jury trials, most involving product liability matters. In 1997, Mr. Seitz simultaneously served as FDCC’s Vice Chair of the Product Liability Section and Chair of the International Insurance Law Section. He is a frequent lecturer and author, writing articles pertaining to International Law and Product Liability issues.

Founded in 1936, the Federation of Defense & Corporate Counsel is an international organization with more than 1300 members including attorneys in private practice who specialize in defense of civil litigation, general counsel, risk managers and insurance claims executives. For more information about FDCC please visit them on the web at www.thefederation.org.

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier 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. For additional information, please visit our website at www.murchisonlaw.com.