Appeals
Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia
FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…
FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The case involved a claim for over 100 million dollars in allegedly wrongfully denied pension benefits by a class of retired county government employees.
The case arose out of a transition of a county’s employee retirement plan from a defined benefit pension plan to a defined contribution plan. As part of that transition, the county “froze” the benefits each employee had accrued under the pension plan for distribution when they retire. A putative class of county employees claimed that the county’s actions amounted to a termination of the pension plan without providing the due process the plan’s terms required. The trial court disagreed and entered summary judgment for the county. The Court of Appeals affirmed, holding that the county did not terminate the plan by “freezing” the accrued benefits, and in any event, the version of the plan that governed at the time did not require individualized notice and hearing before termination.
Professionals
More Successes
More Successes
FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement
Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…
FMG Client Prevails in Coverage Appeal in Georgia
FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…
Eleventh Circuit Victory in Insurance Coverage Case
FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…
Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…
Arizona Court of Appeals Dismisses Dangerous Conditions Claim
Attorneys Marc Shrake, Zach Moura, and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking…
Supreme Court to Review Fifth Circuit Decision
Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals…
Georgia Court of Appeals Opinion on Pre-Suit Notice
FMG prevailed in the Georgia Court of Appeals on behalf of its client, the City of Alpharetta. The case involved a claim related to stormwater entering onto a residential property. Attorneys Amy Cowan, Marissa Dunn,…
Dismissal of a Petition for Writ of Certiorari
FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…
Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals
On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. In the underlying cases, the plaintiff property owner sought a special…
Cisco Cleared In $371M Software Patent Trial in Massachusetts
A jury in the U.S. District Court in Boston ruled in favor of Cisco Systems Inc. in a $371 million patent suit, finding that the California tech giant did not infringe a Massachusetts software company’s…
Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California
FMG Attorneys Brian Skalsky, Lizel Cerezo, Al Alikin, and Will Hadikusumo, successfully obtained a dismissal with prejudice on behalf of their client, the North Carolina Medical Board (“NCMB”), in California federal court. The plaintiff, a…
Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia
Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for…