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    Name


    HON. WILLIAM MCCURINE, JR., RET.

    • Retired Federal Magistrate Judge
    • Available in San Diego, All of California
    • Available for Mediation, Arbitration, and Private Judging assignments
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    Introduction

    Judge McCurine was appointed a Federal Magistrate Judge for The Southern District of California in 2004. After more than 10 years of service, he retired from the bench where he handled all types of civil matters, including, but not limited to, class actions (involving wage & hour issues), insurance matters, allegations of fraud and unfair business practices, complex commercial matters, catastrophic injuries, medical malpractice and patent, copyright and trademark issues. Prior to the bench he was a civil trial attorney representing plaintiffs and defendants for over 30 years. In both his civil practice and as a jurist he has mediated over 1700 cases. Judge McCurine is known to be a quick study, great listener and truly cares about people and of the belief that mediation can resolve any type of civil dispute; therefore, he works endlessly to get results. One attorney commented that "Judge McCurine's background of representing both sides makes him uniquely situated to serve as a mediator; he can easily see both sides of a case." Another attorney said, "He has a special ability to connect with everyone in the room and can highlight the favorable and, more importantly, the damaging aspects of a case with delicacy."

    Specialties

    Hobbies & Interests

    Judge McCurine enjoys the theater and cinema, biblical studies and lecturing, loves a wide variety of music and is a confirmed readaholic.

    Testimonials

    Judge McCurine was tenacious in getting us to resolution and used precisely the right tone with my clients. Outstanding job.
    - Attorney on a construction breach of contract dispute

    Judge McCurine was terrific and great with my client. A real people person. His assessment of the law and the facts was spot on.
    - Attorney, Los Angeles County, California

    Judge McCurine had the most effective and engaging style that I had seen in a long time.
    - Attorney, Los Angeles, California

    Judge McCurine is a gifted mediator. His extensive knowledge and experience as both a litigator and a judge were invaluable in helping to achieve a settlement. I will be happy to work with Judge McCurine again in the future.
    - Attorney, Southern California

    Experience Summary

    Legal Career

    • United States Magistrate Judge, Southern District of California (2004-2014)
    • Trial Lawyer and Partner, Solomon, Ward, Aguirre & Seidenwurm, General Civil Litigation (2000-2004)
    • Trial Lawyer and Partner, Gray, Cary, Ames & Frye, General Civil Litigation (1975-2000)

    Education & Professional Affiliations

    • J.D. Harvard Law School (1972-1975)
    • Doctoral Candidate (Political Science) Harvard Graduate School of Arts and Sciences (1971-1972)
    • B.A. (Philosophy, Politics, and Economics) Oxford University, Rhodes Scholarship (1969-1971)
    • B.A. (Political Science) Dartmouth College (1965-1969)
    • Vice-Chairperson, Law Week Committee, San Diego County Bar Association (1979)
    • Vice-Chairperson, Judiciary Committee, San Diego County Bar Association (1980)
    • San Diego Urban League Board of Directors (1980)
    • San Diego Inn of Court Board of Directors (1980-1988), Vice-President (1983)
    • San Diego County Bar Association Board of Directors (1981), Secretary (1982)
    • San Diego Bar Foundation Board of Directors (1981-1983)
    • Member, Earl B. Gilliam Bar Association of San Diego (1981-Present)
    • Member, Federal Magistrate Review Panel (1985-1992)
    • Member, CEB and Rutter Group Panels on Recent Developments in Torts and Product Liability (1985-1993)
    • Member, National Bar Association (1985-Present)
    • District 9 Representative, State Bar of California Executive Committee (1988-1992)
    • Founder, Past President and current member, The William B. Enright Inn of Court (1990-2004)
    • Member, Mayor's Blue Ribbon Advisory Committee (2000-2001)
    • Representative, Ninth Circuit Pro Bono Program (2000-2007)

    Achievements & Awards

    • Judge McCurine has been the recipient of many honors including the Earl B. Gilliam Bar Association Thurgood Marshall Award (1991) as well as being listed in the “The Best Trial Lawyers in America, 1999-2000” by the independent research firm of Woodward/White, Inc. (1999-2000) and named as one of the best trial lawyers in San Diego in San Diego Magazine (2001)

    Legal Experience

    • Patents
    • Trademarks & Copyrights
    • Complex Business/Commercial
    • Class Action (including Wage & Hour)
    • Catastrophic Personal Injury
    • Product Liability
    • Insurance Coverage & Bad Faith
    • Professional Malpractice
    • Maritime & Jones Act
    • All Types of Employment Disputes
    • All Types of Real Estate Disputes

    Representative Case Information

    Recent Representative Cases

    Business/Commercial

    Complex Commercial

    • Mediation of dispute between founders and family members of a medical supply company, a California Subchapter S Corporation. Company is still in business.
    • Mediated dispute between owners and shareholders of a global marketing and sales company, a Subchapter S corporation, involving claims of fraud and breaches of fiduciary duty.
    • Mediated dispute between founders and shareholders of closely held California Subchapter S corporation.

    Contractual

    • Commercial lessee sued lessor regarding dispute as to payment obligations for repairs.
    • Car buyer filed arbitration under the CLRA for allegedly defective used car.
    • Claimants sued under the Consumer Legal Remedies Act for a defective vehicle.

    Employment

    Discrimination

    • Mediated case involving discharged employee's claim of termination based on race and national origin.

    Hostile Environment

    • Mediated dispute involving female employee claiming gender discrimination, hostile work environment and failure to treat as a non-exempt employee.

    Wage & Hour Class Action

    • Mediated wage and hour class action involving 1000+ CA residence and a California corporation with Statewide presence.

    Whistleblower Wrongful Term

    • Mediated case involving high performing female employee regarding allegations of termination based on gender discrimination and whistle blowing.

    Wrongful Termination

    • Mediated many cases involving employee's claim of wrongful termination and back wages including, but not limited to, sales and marketing firms, software and IT companies, municipal matters and education.
    • Employee sued former employer for wrongful termination and wage and hour violations. Employer cross-complained against employee for conversion, misappropriation of trade secrets and bad faith for sabotaging jobs in his last month.
    • Mediated wrongful termination and wage and hour violations dispute. Cross complaint against employee for conversion, misappropriation of trade secrets, and bad faith.

    Environmental

    Environmental Issues

    • Dealt with various cases which involved one or more of the following issues: (1) upriver rights vs downriver rights; (2) amount of cubic water feet allowed for an agricultural enterprise; (3) the right to build a dam or change the direction and force of water flow in order to irrigate agricultural areas.

    Insurance

    Bad Faith

    • Mediated dispute between insurer and insured over insurer's failure to pay for damage to crop and farm structures and implements arising from wildfire.
    • Mediated many cases which include alleged child molestation and disputes over insurance coverage for multiple industries.

    Intellectual Property

    IP Copyright

    • Mediation of copyright infringement claim by national provider of malware and privacy protection software.

    IP Patent

    • Mediation of claims of infringement of patents, trademarks and trade dress of international eyewear manufacturer claiming knock-off of design and marks.
    • Mediation of claims of infringement of design and utility patents and trade dress by national manufacturer of cell phone accessories claiming knocking off of patents and marks.

    Professional Malpractice

    Medical Malpractice

    • Mediated dispute between patient who sued physician for improper surgery resulting in lifelong medical problems.
    • Mediated case involving heirs' claim that hospital did not follow proper care instructions, thereby allegedly causing patient to die.
    • Medical malpractice: Physician prescribed a medication which allegedly interacted with over-the-counter cold and flu medication resulting in very severe injury.

    Professional Malpractice Legal

    • Mediated dispute between client and former law firm regarding allegations of malpractice involving patent issues.
    • Legal malpractice. Defendant was alleged to have failed to give proper advice in a wage and hour class action suit.

    Real Estate

    Breach Of Contract

    • Real estate investor believed she was defrauded in a real estate transaction and in a Partnership involving real estate.

    Home Owners Association

    • Mediated dispute between HOA and homeowner in which homeowner claimed the HOA had violated the governing rules.

    Landlord/Tenant

    • Mediated case involving 5+ tenants in apartment project claiming eviction based on racial prejudice.

    Tort

    Business Torts

    • In a commercial arbitration, corporate Plaintiffs claim infringements of intellectual property rights, breaches of contract and common law fraud against a significant minority stakeholder in the Plaintiff LLC. The LLC had only 2 members: one based in California and the other in China. The intellectual property concerned the design, manufacture and sale of various high end commercial products in the crafts industry.

    Catastrophic Injury

    • Mediated air crash case involving 3 deaths and 2 catastrophic injuries.

    Defamation

    • Commercial case involving trade libel, defamation, and unfair business practices between competitors in the same market.

    Elder Abuse

    • Elder abuse case in which petitioner claimed defendant exercised undue influence over her elderly deceased father who gave some trust assets to defendant when he lacked mental competence to do so.

    Maritime Law

    • Mediated dispute involving seaman who was left in tank filled with toxic material.

    Wrongful Death

    • Mediated dispute brought against municipality and its police officers for administering choke hold allegedly resulting in death of 21 year old suspect.
    • Mediated dispute brought against municipality and its police officers for the wrongful fatal police shooting of 19 year old.

    Downtown Los Angeles

    601 S. Figueroa
    Ste 4000
    Los Angeles, CA 90017
    Phone: 213.223.1113
    Fax      : 213.223.1114

    Los Angeles Mediation

    West Los Angeles

    11601 Wilshire Blvd
    Ste 2040
    Los Angeles, CA 90025
    Phone: 310.442.2100
    Fax      : 310.442.2125

    Mediators Los Angeles

    San Diego

    402 W. Broadway
    Ste 2400
    San Diego, CA 92101
    Phone: 619.814.1966
    Fax      : 619.814.1967

    San Diego Mediation

    Santa Ana

    1851 East First Street
    Ste 1600
    Santa Ana, CA 92705
    Phone: 714.834.1340
    Fax      : 714.834.1344

    Orange County Mediation

    San Francisco

    100 Pine Street
    Ste 1950
    San Francisco, CA 94111
    Phone: 415.266.1242
    Fax      : 415.266.1243

    San Francisco Mediation

    Sacramento

    980 9th Street
    Suite 2200
    Sacramento, CA 95814
    Phone: 916.394.8490
    Fax      : 916.394.8495

    Sacramento Mediation

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