Appeals
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…
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 lot owned by the City of Page was struck and killed by a tour bus. After being sued by the tourist’s family, the bus owner filed a cross-complaint against the City on the theory that it had failed to maintain the parking lot it set up for tourists to visit Horseshoe Bend on the Colorado River.
The Court of Appeals affirmed summary judgment in the City’s favor, agreeing with our statutory interpretation of “premises” and holding that the bus owner had failed to introduce any admissible evidence of gross negligence by the City (which would have overcome the statutory qualified immunity). In so doing, the Court also shot down appellants’ argument that objections not ruled on at the summary judgement stage were waived, expressly finding that we had preserved the City’s objections and sustaining a critical hearsay objection against the bus owner. The City was awarded its costs on appeal.
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A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…
FMG obtains Summary Judgement Victory from California Court of Appeals
Practice Fusion, Inc. v. Freedom Specialty Ins. Co., et al. California Court of Appeal, Case No. A167130; A167886 FMG Attorneys Al Alikin and Christian Nagy, along with attorneys for other carriers in the same D&O…
CARL RALPH DAILY v. PHIL SMITH AND LAW OFFICE OF PHIL SMITH. Sixth Appellate District of Texas at Texarkana FMG attorneys Bob Chadwick and Jack Doyle prevailed on appeal in the Sixth Appellate District of…
FMG Attorney Wins Appeal on Anti-SLAPP Motion in Fulton County State Court in Georgia
FMG attorney Nicolas Bohorquez prevailed on his appeal of a Fulton County State Court decision denying a motion to strike under Georgia’s Anti-SLAPP statute. A nightclub and its owner brought a suit against the Ansley…
FMG Prevails in California Court Extending Assumption of Risk Doctrine to Surfing Injuries
FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th…
Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia
FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator…
FMG Secures Victory in $6M Judgment Stay Vacated by Indiana Appeals Court
FMG Attorneys Patrick Eckler and Joshua Zhao prevailed in the Court of Appeals of Indiana on a plaintiff’s motion for review of an order vacating a $6 million default judgment against our client. FMG successfully…
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…
FMG Secures Ninth Circuit Victory in California: No Duty to Indemnify for Insured’s Fraud
FMG Attorneys Christian Nagy, Al Alikin, Will Hadikusumo, and Nick Directo secured a victory in the matter of Primary Color Systems, Inc. v. Hiscox Insurance Company, 2024 WL 489171 (9th Cir. Cal. 2024) aff’d 654…
FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia
FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client
FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle that occurred…