Appeals
California Court of Appeal Orders County to Produce To FMG Client 42,000 Withheld E-mails
Sacramento, CA. Dean Getz brought a California public records act case in the County of El Dorado in which he sought production of 42,000 e-mails between the County and a land developer. Getz was represented…
Sacramento, CA. Dean Getz brought a California public records act case in the County of El Dorado in which he sought production of 42,000 e-mails between the County and a land developer. Getz was represented by Freeman Mathis & Gary’s Sacramento partner, Greg Fayard. The trial court denied Getz’s request as “overbroad and unduly burdensome.” Getz petitioned to California’s Third Appellate District. On November 17, 2021, after oral argument, the Court of Appeal granted Getz’s petition, ruling that since the 42,000 were already identified and indexed and the County failed to show any of the e-mails were exempt from disclosure or contained privileged information, all the e-mails and any attachments must be produced. The Court opined: “An agency cannot resist disclosure based on the burden stemming from actions needed to assuage an abstract fear of improvident disclosure, a fear that could be avoided by simply setting privileged documents apart. . . . California has declared, in terms as clear as the English language permits, that government business is the people’s business whether conducted in proceedings by deliberative bodies (Gov. Code, § 54950 et seq.) or discussed in records of any form, and must be accessible to the public, though access can be regulated to reduce the administrative burden imposed on government agencies and in rare instances can be denied to prevent the disclosure of records exempt from disclosure.”
The Court further ruled that the County shall pay Getz’s costs and reasonable attorney fees.
More Successes
More Successes
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The…
Illinois Appellate Court Upholds Pre-Accident Waiver
Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor facility. Plaintiff…
Georgia Supreme Court Upholds Sovereign Immunity Dismissal
Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked his car…
Ohio Appellate Court Upholds Summary Judgment Based on Known Danger
Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and fall case.…
Florida Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement agreement. Based…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Eleventh Circuit Appeal, Secures Qualified Immunity for Georgia Officers
FMG attorneys Michael Freed and Sun Choy obtained a victory in the Eleventh Circuit Court of Appeals on behalf of seven Athens-Clarke County police officers who were granted qualified immunity in a Fourth Amendment excessive…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s defense of…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
Dismissal in Georgia Appeal Regarding Municipal Ante Litem Notice
Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante litem (pre-suit)…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad of legal malpractice and conspiracy-based claims asserted against an attorney who purportedly facilitated an oral loan agreement designed to defraud judgment creditors.…