Appeals
Christopher Lynch and Edward Storck Successfully Obtain Summary Judgment Pursuant to Conn. Gen. Stat. § 14-60
Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s…
Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s vehicle was in for repairs. Tortfeasor struck plaintiff while he was riding his motorcycle causing significant injuries with damages well in excess of the policy for the tortfeasor. Plaintiff brought suit against the dealership pursuant to Conn. Gen. Stat. § 14-154a which created vicarious liability for motor vehicle lessors. In the underlying suit, we successfully obtained Summary Judgment on behalf of the dealership pursuant to Conn. Gen. Stat. § 14-60, which grants immunity for dealers who loan motor vehicles/dealer plates to customers while the customer’s vehicle is being prepared and the dealership obtains proof of insurance from the customer. In the Appeal, Plaintiff argued that the trial court got it wrong by concluding that there was no question of fact that the transaction was a loan and not a rental. The Appellant argued that the agreement that the Dealership had the customer signed used the word rental approximately 27 times throughout the document, the document itself was titled “Rental Agreement” and the agreement itself indicated that it was for consideration. The Plaintiff argued that a jury should have been allowed to decided what type of transaction was involved.
Kyle McCall v. Gina Sopneski et al. (AC 42498)
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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,…
Successfully Motion to Disqualify in California
Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. The plaintiff’s counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Therefore, Sharon argued that…
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…
NLRB Affirms Dismissal of Failure to Bargain Complaint
Dallas FMG attorney Robert Chadwick obtained a favorable appellate ruling from the National Labor Relations Board (“NLRB”) on behalf of a transportation company. After an evidentiary hearing, an administrative law judge below dismissed a failure…
Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022). In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for…
Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. 21-12918 (11th Cir., June 29, 2022). FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a…