Duffy J. Magilligan

Donald J. Magilligan is a partner at Cotchett, Pitre & McCarthy based in the firm’s San Francisco office. Magilligan specializes in complex litigation involving wildfires, wrongful death, and business fraud.

Magilligan has tried 48 jury trials. He developed his trial skills during a ten-year career as a prosecutor in Santa Clara County (2012–18) and Contra Costa County (2008–12). Magilligan was recognized for distinguished service by the Santa Clara District Attorney, San Jose Police Department Gang Intelligence Unit, and the San Jose Police Academy where he taught ethics, evidence, and search and seizure.

Magilligan received his J.D. from the University of San Francisco. While at U.S.F., he was a member of the Law Review, served on the Student Budget Committee, and received the CALI award for being the top student in Torts. Magilligan sat on the Faculty-Student Steering Committee at the Leo T. McCarthy Center for Public Service and the Common Good. During law school, Magilligan learned to try cases by watching experienced prosecutors at the United States Attorney’s Office, San Mateo District Attorney’s Office, and San Francisco District Attorney’s Office. Magilligan also clerked for the Honorable Maura Corrigan of the Michigan Supreme Court.

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Representative Matters

Jane Doe v. AMR (2024) – $7.5 million settlement: Magilligan and Nabilah Hossain represented two elderly women who had been sexually assaulted by a paramedic while being transported to the hospital. They sued the paramedic’s employer, AMR, for their role in the assaults. The paramedic, Miguel Ontiveros, was prosecuted by the San Mateo County District Attorney’s office and sentenced to nine years in state prison.

Wrongful Death and Personal Injury Litigation: Magilligan regularly secures seven- and eight-figure settlements on behalf of personal injury plaintiffs and families who have lost loved ones due to the negligence of others.

• Colleen Cudd v. Tiffany Li (2023) – $10 million settlement: Magilligan and Nabilah Hossain settled a wrongful death case brought by the heirs of Keith Green, a San Mateo County native who was brutally murdered. Before this civil settlement, Tiffany Li, the mother of Keith’s children, had been acquitted at a criminal trial.
• Jane Doe v. Negligent Driver (2023) – $5.25 million settlement: Magilligan represented a woman that was seriously injured when she was struck by a negligent driver while crossing the street in downtown Los Altos.

• John Doe v. Negligent Driver (2021) - $2.25 million settlement: Magilligan settled a wrongful death lawsuit on behalf of a man that was killed by a negligent driver.

• Jane Doe v. Fortune 500 Truck Manufacturer (2020) – confidential settlement. Magilligan represented a young woman that was seriously injured when a defectively-designed component of a truck fell off and slammed through her windshield.

Wildfire Litigation: Magilligan and the CPM team have represented hundreds of families that lost their homes or loved ones in wildfires across California since 2016.

• Fire Victim Trust (2020–present): Magilligan led CPM’s efforts to secure more than $250 million in awards from the Fire Victim Trust on behalf of victims of the Camp Fire (2018), North Bay Fires (2017), and Butte Fire (2015).
• Dixie Fire Cases (2021–2024): Magilligan is on the Executive Committee for individual plaintiffs in the Dixie Fire Cases, which have been coordinated in the Superior Court of California, San Francisco. CPM successfully settled their clients’ claims for confidential amounts in 2024.

• Kincade Fire Cases (2019–2023): Magilligan, Nabilah Hossain, Andrew Britton, and Frank Pitre represented dozens of victims of the Kincade Fire, which was caused by a mechanical failure of a jumper attached to a PG&E transmission tower. The CPM team took an active role in marshalling the evidence necessary to prove PG&E’s liability at trial. CPM successfully settled their clients’ claims for confidential amounts in 2022 and 2023.
• Mill Fire Cases (2022–2023): Magilligan, Nabilah Hossain, Andrew Britton, and Frank Pitre represented dozens of victims of the Mill Fire, which tore through the town of Weed, California on September 2, 2022. The CPM team settled their clients’ cases for confidential amounts in 2023.

Medawar v. Mameesh (2018): Anne Marie Murphy and Magilligan won a seven-figure jury verdict in San Mateo County on behalf of an international businessman who suffered over $1 million dollars in real estate losses caused by his local real estate investment partners. After a three-week trial, the jury found that the local partners had breached their partnership agreement with CPM’s client, and the jury rejected the defense cross-complaint seeking damages against the plaintiff—a complete victory for CPM’s client.

Shipyards Litigation (2018–present): Magilligan, Anne Marie Murphy, and Joe Cotchett were appointed lead counsel for settling a class action on behalf of 662 defrauded homeowners against a Fortune 500 Developer at the Shipyard in San Francisco.

News

Blog Posts

Honors & Recognitions

Irish Legal 100

CALI Award

Affiliations

Community Overcoming Relationship Abuse (CORA) – Board of Directors (2022 to present; Board Chair 2024)

Consumer Attorney’s of California (CAOC) – Board of Directors (2023 to present)

Super Lawyers (2023 to present)

San Mateo County Trial Lawyers Association – Board of Directors (2018 to present)

Irish Legal 100 (2020 to Present)