Murchison & Cumming LLP

Senior Partner Guy Gruppie Quoted in Law 360 Article

August 3, 2020

Law360

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Senior Partner Guy R. Gruppie quoted in Law 360 article regarding competing Congressional plans for Covid 19 litigation immunity.

"Guy Gruppie, co-chair of the emerging risks practice group at Murchison & Cumming LLP in Los Angeles, applauded the bill's goal but expressed some skepticism that certain provisions would make it into the final version, calling the 'state of mind' requirement a 'nebulous concept.'

Gruppie also said the plaintiffs bar will likely take issue with the medical certification requirement, which in California only applies to medical malpractice cases.

'I would think there's quite a number of issues that the trial lawyers are going to be uncomfortable with, and there needs to be negotiations to get the foundational parameters that are commonsense,' he said.

However, Gruppie said businesses and health care providers should be allowed to mount an affirmative defense if they can establish compliance with the applicable safety standards.

'If we are really committed as a nation to move forward through this crisis together, businesses that comply with public health guidelines would seem to logically deserve protections from coronavirus-related lawsuits, with the duration and breadth subject to reasonable debate and discussion,' he said."

 

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