MPP Partner David L. Brandon was featured in the February 10, 2010 issue of DRI's "The Voice" in the section entitled "And The Defense Wins!"
The story describes two of David's recent successes: one in which he obtained a motion to strike a complaint on behalf of an architect client, and one in which he obtained an order from the California Court of Appeal that affirmed his previously-obtained summary judgment on behalf of a mutual water company, as well as attorney fees.
To read the full story click HERE.
Los Angeles, CA --- Morris Polich & Purdy LLP is pleased to announce that, for the first time, four of the world’s leading climate change experts came together at 4pm on 29th September 2009 to explain, in layman's terms, what climate change really is. The seminar, designed for insurance professionals, was held in the Old Library of the Lloyd’s building in London.
Los Angeles, CA --- Morris Polich & Purdy LLP is pleased to announce that, as part of an initiative to expand the firm’s practice in the area of Business Transactions, William B. Kirshenbaum has recently joined the firm as Partner. Bill has extensive experience both as inside and outside general counsel, as well as managing human resources, safety and environmental departments, in industries such as aerospace, manufacturing, entertainment, real estate, retail chains, restaurants and apparel. In these roles, he has a wide-ranging depth of knowledge in the coordination of all legal affairs, including negotiating agreements with financing sources, customers, suppliers and employees, as well as exploiting intellectual property.
The Daily Journal recently reported a complaint filed by the Housing Authority of the City of Los Angeles against a former Housing Authority employee who “misappropriated money by directing almost $800,000 worth of contracts – without open competition or through rigged bidding – to construction and design companies run by his family members.” MPP attorney Charles Slyngstad, who is representing the Housing Authority, was quoted. Please click the title of this announcement to view the full article (Daily Journal, Catherine Ho, 6/25/09).
Los Angeles, CA --- Morris Polich & Purdy LLP is pleased to announce that Stephen Huchting, a Partner of the firm, has received the "2009 Defense Attorney of the Year Award" from the Southern California Chapter of the International Association of Special Investigation Units (IASIU). The award luncheon, held on July 15th at the Rio Hondo Country Club in Downey, California, acknowledged the important role Stephen plays within the insurance industry for fire and disaster investigations. Stephen has consistently resolved major fire claims to the benefit of his clients, and the awards committee recognized his tremendous depth of knowledge, attention to detail and determination to get to the truth. Stephen has also authored several publications for the Continuing Education of the Bar on property insurance coverage, and is a regular instructor at the California Conference of Arson Investigators.
A team of MPP attorneys, led by San Diego Partner Gerry Schneeweis, and including attorneys Lee Petersil and Mark Angert, has just won summary judgment in a $16 million breach of warranty lawsuit in a Los Angeles federal court on behalf of a New Zealand science-based horticultural institute. The suit, brought by 14 plaintiff-growers from California’s San Joaquin Valley, had alleged that our client had made express and implied warranties that a new, proprietary variety of kiwifruit, developed by our client (which had previously only been grown in New Zealand) would be successful in California's relatively hot, dry climate. Plaintiffs collectively claimed over $16 million in damages, representing the cost of converting their existing kiwifruit crops to the new variety, as well as loss of earnings they attributed to the fact that the new variety didn't prove to be commercially viable. Trial was set for mid-June, 2009. We brought a motion for summary judgment as to all of the plaintiffs' claims, arguing that they were barred by both the terms of an agreement to which our client was a third party beneficiary and the 2-year statute of limitations for actions based on oral representations. The district court agreed with our legal arguments and issued an order granting summary judgment on all claims as to all plaintiffs. Judgment has been entered in our client's favor and there will be a separate motion for award of our client's attorneys' fees and costs, based on its status as a third party beneficiary and entitlement to such fees and costs as the "prevailing party" under the growers' individual agreements.
Las Vegas, NV --- Answering a legal question that had been pending in Nevada for over 2 years, the Nevada Supreme Court on March 26, 2009 held that design professionals who provide services in connection with commercial property development cannot be sued for negligence where the alleged damages are purely financial. The ruling aligns Nevada with a growing number of states that, in recent years, have extended the protection of the economic loss doctrine to design professionals, allowing them the same legal benefits that protect construction contractors, product manufacturers and other business entities involved in litigation. The effects of this decision will be limitation of the nature and, potentially, the volume, of professional negligence claims asserted against licensed design professionals in Nevada.
Los Angeles, CA --- Morris Polich & Purdy LLP successfully represented plaintiffs against one of the nation’s leading credit counseling firms and its founders for non-compliance with the Credit Repair Organizations Act (CROA) and other claims. The company misleadingly claimed to consumers that it was a non-profit organization, but those claims have now been adjudged false and fraudulent. The $256,527,000 class action judgment against John and Richard Puccio and several other entities related to the credit counseling organization issued following summary judgment being entered against the defendants by United States District Court Judge Michael A Ponsor of the Massachusetts District.
Los Angeles, CA --- Morris Polich & Purdy LLP is pleased to announce that eight partners have been recognized by Super Lawyers this year as some of the best lawyers in their respective practice areas: Jeffrey S. Barron, David L. Brandon, Anthony G. Brazil, Marc S. Katz, Walter J. Lipsman, Richard H. Nakamura, Douglas C. Purdy and Donald L. Ridge.
Los Angeles, CA --- Morris Polich & Purdy LLP represented a class of several hundred former employees of the now defunct Pleasant Care nursing home chain, after their health insurance coverage was retroactively terminated and earned vacation pay withheld.
In a lawsuit brought by family members of individuals who donated their bodies to UCLA’s Willed Body Program, MPP has successfully petitioned the California Supreme Court to re-examine the scope of emotional distress recovery in the highly sensitive area of cadaveric material donated for scientific research. MPP’s petition for review was supported by several friend of the court letters urging the Court to clarify when, if ever, family members may effectively veto an individual’s decision to donate his or her body to science. Cohen v. NuVasive, Inc., review granted October 1, 2008, S166020.
The Housing Authority of the City of Los Angeles sued one of its independent contractors and two former officers alleging misappropriation of public funds. The trial court dismissed the Authority’s lawsuit as untimely. The Court of Appeal reversed, agreeing with MPP that the statutes of limitation were tolled by the doctrine of "adverse domination." The doctrine recognizes that where a corporation is dominated by defendant wrongdoers, the statutes of limitation on lawsuits brought by the corporation against the wrongdoers are tolled until the wrongdoers are no longer in control. The opinion declined to limit the doctrine to private corporations or to instances where the wrongdoers are officers and directors.
Housing Authority of the City of Los Angeles v. Williams (October 28, 2008, B199852) [nonpub. opn. at 2008 WL 4712756].
In a published opinion, the California Court of Appeal agreed with MPP that the party who has intentionally destroyed or spoliated evidence bears the burden of showing that the destruction does not prejudice the other side’s case. Adopting MPP’s proposed burden-shifting rule, the Court of Appeal held that "a party moving for discovery sanctions based on the spoliation of evidence must make an initial, prima facie showing that the responding party in fact destroyed evidence that had a substantial probability of damaging the moving party’s ability to establish an essential element of his claim or defense." Once the party seeking the spoliation sanction makes that showing, the “burden of disproving prejudice” shifts to the spoliator. The published opinion affirmed a terminating sanction entered against a client who, after suing his lawyer for legal malpractice, caused the destruction of documents generated during the course of the representation. Williams v. Russ (October 27, 2008) 167 Cal.App.4th 1215
Maureen M. Home, of counsel with Morris Polich & Purdy LLP, co-authored a chapter in the 2008 edition of the Continuing Education of the Bar (CEB) treatise "California Civil Writ Practice." The chapter discusses actions that a superior court may take in writ proceedings filed in superior court. Ms. Home is a trial and appellate attorney who specializes in civil appeals and writs. She has argued and won cases before the California Court of Appeal, as well as the Ninth Circuit Court of Appeals, and has numerous appellate decisions addressing a wide range of issues.
The Architect's Newspaper recently quoted MPP attorney Mark E. Hellenkamp in a recent article on architectural copyright, in which a case from the Eleventh Circuit Court of Appeals was discussed. In the 11th Circuit case, the court held that the architectural design of a pair of towers, built by Donald Trump and his partners, was not substantially similar to a design owned by the plaintiff, architect Paul Oravec. Mr. Hellenkamp, a business litigation attorney in MPP's San Diego office with experience in large scale disputes involving copyright, including architectural copyright, also practices in the areas of insurance litigation and appellate law.
London, UK --- Morris Polich & Purdy LLP provided a groundbreaking seminar entitled "Climate Change Litigation in the US: Theories of Liability and Insurance Issues" held in the Old Library of the Lloyd’s building in London, on April 30th 2008, with 80 in attendance. "The expertise of our attorneys in this and other emerging areas of litigation allows us to provide valuable information and raise awareness for those who will be directly affected. We are honored to have had the opportunity to speak directly to Lloyds on this issue," said Don Ridge.
MPP attorney Derek A. Simpson was featured on the CBS Evening News on April 25th, as part of a segment highlighting rising gas prices. After covering the effect of rising prices on eastcoast and midwestern businesses and commuters, the story focused on the benefits of public transportation in Los Angeles, exemplified by Mr. Simpson, who takes the train instead of driving to work. Cameras followed Mr. Simpson during his entire morning commute, ending at the doors of MPP's Los Angeles office.
Los Angeles, CA --- The California and Nevada law firm Morris Polich & Purdy LLP is pleased to announce that two of its attorneys have recently contributed to two notable construction and design related books. "Our goal in contributing to these books was to utilize our extensive experience within the construction & design industry to provide a unique perspective on the legal system that serves it," said Mr. Levin.
Los Angeles, CA --- Morris Polich & Purdy LLP is pleased to announce that seven partners have been recognized by Super Lawyers this year as some of the best lawyers in their respective practice areas: David L. Brandon, Anthony G. Brazil, Marc S. Katz, Walter J. Lipsman, Richard H. Nakamura, Douglas C. Purdy and Donald L. Ridge. "We are delighted that, once again, a group of our attorneys has been selected as Super Lawyers. This is the fifth year that MPP has been included in the selection," says George Brandon, MPP’s Director of Business Development and Marketing.
Jury Returns Defense Verdict In Mesothelioma Case Against Crown Cork. Defense attorneys: Heather L. Blume, Morris Polich & Purdy, Los Angeles; William Armstrong, Armstrong & Associates, Oakland, Calif.
Los Angeles, CA --- The California and Nevada law firm Morris Polich & Purdy LLP today announced the next step in the expansion of its business and client development services with the appointment of veteran law firm business development and marketing strategist George Brandon. "Our goal was to hire a leading business development and marketing strategist and George Brandon exceeds what we were looking for. His broad knowledge of law firm marketing, finance, technology, and business development is an extremely valuable resource for Morris Polich & Purdy LLP; we are very excited to have him as part of the management team of the firm," said Managing Partner, Donald Ridge.
Attorneys for Morris Polich & Purdy LLP recently secured a victory for a design firm in a case involving a real estate purchase and the subsequent development plans for the parcel. The owner sought to purchase property and, during the process, an easement that affected title was not identified. The owner sued his attorneys for legal malpractice. The attorneys then filed a cross complaint for indemnity a civil engineering firm, who had been retained by the owner to prepare plans for the proposed construction.