Court Sustains Demurrer in California Medical Reimbursement Fraud Dispute
1/3/23
Nick Directo and Al Alikin obtained a court order sustaining, with prejudice, Intact’s demurrer to Kindred Hospital’s claims for fraud, concealment, conspiracy, unfair business practices, and breach of contract for reimbursement of over $6.5 million in medical bills. Intact filed …
Defense Verdict in 4-Week Trial in California
12/30/22
Sharon Collier obtained a complete defense verdict after a 4-week Zoom jury trial in Alameda County Superior Court. The plaintiff claimed that she was sexually assaulted during a massage at the Claremont Club & Spa. She sued the massage therapist, …
OSHA Citation Vacated Following Double Fatality in Texas
8/30/22
Robert Chadwick recently prevailed on a contested OSHA citation after a three-day trial before the Occupational Safety & Health Review Commission (“OSHRC”). The OSHA citation resulted from a double fatality at a Texas construction site. The OSHRC vacated the citation …
Eleventh Circuit Win in Landmark COVID-19 Business Interruption Coverage Case
8/29/22
In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for lost business income after it suspended operations at its restaurant due to COVID-19 in a matter handled by Philip Savrin and …
Eleventh Circuit Affirms Summary Judgment Obtained for Insurance Company
8/29/22
Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a commercial building caused by a storm. The property owner waited six months to submit a claim to its insurer despite the policy …
Court Affirms Summary Judgment in Public Employee First Amendment Case
8/29/22
Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and its police officers in the Eleventh Court of Appeals after a former city police officer was terminated for flying a Confederate flag at …
Dismissal Obtained in Nevada Case Involving “Sunset” Provision in Accident Medical Expense Benefit Policy
7/20/22
Albert Alikin and Nicholas Directo obtained the dismissal of their client, an insurance carrier, in Nevada federal court in a lawsuit brought by the client’s insured seeking benefits under an occupational accident medical expense policy. The insured filed suit against …
Dismissal in Bad Faith Claim Arising From Multi-Million Dollar Default in Kentucky
7/20/22
Barry Miller obtained a judgment on the pleadings dismissing FMG client from a bad faith case that resulted from a $4.25 million default judgment in the underlying auto accident. A federal court ruled that FMG’s client, a third-party administrator, could …
Summary Judgment in Insurance Coverage Dispute in Georgia
7/20/22
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 …
Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia
7/20/22
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 …
Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts
7/20/22
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 …
Permanent Injunction Granted in Business Solicitation Dispute in New Jersey
7/20/22
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 …