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 the client alleging breach of contract and bad faith after the client denied the insured’s…
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 not be held liable under Kentucky law for violating the Unfair Claims Practices Act.
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 extensive damages to her basement after a water heater leak. The policy contained a “Suits…
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 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
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 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
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 the now enjoined subcontractor, previously performed IT work for the United States Department of Agriculture.…
Defense Verdict In Jury Trial in Georgia
7/20/22
FMG Attorneys Marc Bardack and Wes Jackson obtained a defense verdict for client homeowners sued by their downhill neighbors for allegedly creating and maintaining a continuing nuisance and trespass due to excess surface water runoff from our clients’ property onto the plaintiffs’ property. The jury found our clients not liable, while allocating fault to the…
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…