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February 2014




FMG Starts 2014 with Jury Trial Successes

FMG attorneys tried three significant jury trials in January with great success in each case. Ben Mathis and David Cole obtained a defense verdict in a sex discrimination case in federal court, Marc Bardack and Abby Ammons obtained a defense verdict in a premises liability case and Mike Flint and Laura Linville Broome obtained a highly favorable outcome in a medical malpractice trial.
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Plaintiff's Experts in Legal Mal Cases - Courts Continue to Limit Testimony

By: Bill Buechner and Dana Maine
 
Expert testimony almost always is necessary to prevail on a legal malpractice claim. However, plaintiffs pursuing a legal malpractice claim sometimes overreach and attempt to offer expert testimony on subjects about which expert testimony is inappropriate.
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Potential "Good Faith" Defense to TCPA Liability

By: Matt Foree
 
A California federal court has recently held that a debt collector is not liable under the Telephone Consumer Protection Act ("TCPA") based on the collector's "good faith" belief that the Plaintiff in the case provided prior express consent to the calls. (See Chyba v. First Financial Asset Management, Inc., A.K.A. FFAM, Case No. 12-cv-1721-BEN (S.D. Cal. Nov. 20, 2013)).
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D.R. Horton Quietly Overturned: Class Action Waivers In Arbitration Agreements Upheld, Again

By: Marty Heller
 
In January 2012, the National Labor Relations Board issued a controversial decision, ruling that employers are not entitled to force employees to sign arbitration agreements with class action or collective action waivers in them because, in the NLRB's view, it violates the employees' right to engage in concerted activity. This ruling appeared to directly contradict the Supreme Court's decision in AT&T Mobility v. Concepcion, and the Supreme Court's line of recent rulings upholding the enforceability of contractual provisions included in arbitration agreements.
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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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