Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia
6/6/22
Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia. Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat and fractured her ankle. Despite being presented with a waiver and release that she signed and offered the chance to…
Summary Judgment in Insurance Coverage Dispute in Georgia
6/6/22
Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case in which the plaintiff claimed extensive damages to her basement after a water heater leak. The policy contained a “Suits…
Summary Judgment in Negligence Case in Pennsylvania
6/6/22
Josh Ferguson and Michelle Yee obtained a favorable result for a residential and commercial landscape design company in Philadelphia County Court of Common Pleas. After falling off a retainer wall built by our client, plaintiff alleged the brick that he stepped on was loose and asserted claims of negligence against our client. The FMG team…
Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia
6/6/22
Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court. In the lawsuit, Plaintiffs sought over $100 million dollars in seeking to overturn the County’s decision in 1998 to transition from a defined benefit plan to a defined…
Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts
6/6/22
Kevin Kenneally and William Gildea in FMG’s Boston office won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as a result of “neglect.” The nursing home contended the resident suffered a witnessed hemorrhagic stroke. The post-trial decision found that…
Permanent Injunction Granted in Business Solicitation Dispute in New Jersey
6/6/22
Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former subcontractor. Our client, along with the now enjoined subcontractor, previously performed IT work for the United States Department of Agriculture.…
Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia
6/6/22
Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the COVID-19 outbreak. The central question, which had not been decided previously under Georgia law, was whether the…
FMG Victory: Pennsylvania federal judge dismisses claims for COVID-19 related injuries
12/17/21
An Eastern District of Pennsylvania judge has ruled that Tyson Foods, Inc. (“Tyson”) is immune from liability for claims asserted by the family of a supervisor at a Philadelphia meatpacking plant who died of complications from COVID-19. The claims were dismissed as the Pennsylvania Workers’ Compensation Act (“PWCA”) is the exclusive remedy for job-related injuries.…
Paul Piantino and Aviation Practice Team Earn Victory at Buffalo-Niagara International Airport
12/17/21
Paul Piantino and the Aviation Practice Team secured a big win on summary judgment in New York Supreme Court in Erie County this past November. The case centers around the “duty to warn” and liability with respect to snow removal, a topic FMG has a great deal of expertise in. Plaintiff was an employee of…
FMG Obtains 7 Figure Settlement On Behalf of Insured in E&O Case
12/16/21
Freeman Mathis & Gary LLP recently obtained a seven figure plus settlement on behalf of an insurer client in connection with a Negligence and Breach of Contract action against one of the Insurer’s Binding Agents. The Binding Agent was authorized to bind and write contracts of insurance for certain classes and lines of business and…
Casey Stansbury and Team Secure Favorable Settlement On the Verge of Trial
12/9/21
Casey Stansbury and the FMG team successfully secured settlement in a wrongful conviction case involving our a City client. The plaintiffs brought suit in federal court for various claims, including but not limited to, malicious prosecution, violations of due process, conspiracy, false arrest and false imprisonment, intentional infliction of emotional distress, and defamation. Plaintiffs demanded…
Phil Savrin and Mallory Ball Obtain Summary Judgment On Behalf of Insurance Company
12/9/21
Summary Judgment awarded to client Scottsdale Insurance Company Mallory Ball and Philip Savrin secured summary judgment for the insurer on the insured’s first-party property damage claim to a commercial building allegedly related to storm damage. The Court granted summary judgment based on the insured’s failure to comply with the notice requirement under the Policy which…