If you are having trouble reading this email, you may view the online version.

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.
Read Article

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.
Read Article

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)).
Read Article

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.
Read Article

Click below to
subscribe to FMG's blogs:

Business Litigation Blog

Construction & Surety Law Blog

Cyber, Privacy & Security Blog

Employment Law Blog (US)

Employment Law Blog - CA

Employment Law Blog - FL

Employment Law Blog - GA

Employment Law Blog - NC

Employment Law Blog - PA and NJ

Financial Services and Securities Litigation Blog

Government Law Blog

Government Relations Blog

HOA Blog

Immigration & I-9 Services Blog

Insurance Coverage and Extra-Contractual Liability Blog

Life Sciences Blog

Medical & Health Care Blog

Professional Liability & MPL Blog

Transportation Blog

Wage & Hour Blog

Learn more about FMG

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.


Information conveyed in this presentation should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided in this presentation is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.
All rights reserved. Copyright © 2016 Freeman Mathis & Gary, LLP