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
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…
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…
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…