Significant Cases

Court Sustains Demurrer in Heated Battle Over Alleged Concealment and Fraud in Medical Reimbursement Action In California 

Nick Directo and Al Alikin obtained a court order sustaining, with prejudice, Intact’s demurrer to Kindred Hospital’s claims for fraud, concealment, conspiracy, unfair business practices, and breach of contract for reimbursement of over $6.5 million…

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Nick Directo and Al Alikin obtained a court order sustaining, with prejudice, Intact’s demurrer to Kindred Hospital’s claims for fraud, concealment, conspiracy, unfair business practices, and breach of contract for reimbursement of over $6.5 million in medical bills. Intact filed a demurrer based primarily on the workers compensation exclusivity doctrine and the court agreed finding that workers compensation exclusivity applies and no exceptions are warranted under the present facts.

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More Successes

FMG Wins Dismissal of Data Breach Class Action Lawsuit

FMG Attorneys David Cole and Matt Foree won a motion to dismiss a class action lawsuit filed against Oklahoma City University over a July 2022 data breach. The proposed class action alleged the University failed…

Summary Judgment Win in Georgia

Jennifer Adair and Aaron Miller obtained summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry ramp. Counsel were able to establish…

Dismissal of High-Value Fraud Claim in Kentucky Federal Court

FMG attorneys Kyle Virgin and Austin Anderson obtained dismissal of all claims against their client in the United States District Court, Eastern District of Kentucky, with Chief Judge Danny Reeves presiding. The plaintiff sought repayment…

Summary Judgment Win in Pregnancy and Wrongful Termination Claim in California

John Rubiner and Tyler Jacobs from FMG’s Los Angeles office won summary judgment on behalf of California State University at Northridge in Los Angeles County Superior Court in an employment case involving claims by a…

Employer Win in Union Election in Illinois

FMG attorneys Justin Boron, Bob Chadwick, Amy Bender, and Ben Mathis led a team representing a Fortune 500 farm equipment manufacturer in a winning campaign in an NLRB representation election in Illinois. FMG’s client led…

Judge Rules in HOA’s Favor Against Property Owners’ Injunction in Florida

Attorneys Carlos A. Fernández and Cathi Carson-Freymann prevailed against property owners’ motion for injunctive relief in Palm Beach County. The property owners sought to reverse several amendments to the property’s governing documents and subsequent special…

Dismissal Secured Upon Finding No Duty to Indemnify Company’s Willful Fraud Claim in California

Attorneys Al Alikin, Will Hadikusumo, and Nick Directo secure a dismissal with prejudice on behalf of their client Hiscox Insurance Company in California federal court. In the underlying action, a former employee alleged his employer fraudulently promised…

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…

OSHA Citation Vacated Following Double Fatality in Texas 

Robert Chadwick in FMG’s Dallas office, recently prevailed on a contested OSHA citation after a three-day trial before the Occupational Safety & Health Review Commission (“OSHRC”). The OSHA citation resulted from a double fatality at…

Defense Verdict in 4-Week Trial in California 

FMG Attorney Sharon Collier obtained a complete defense verdict after a 4-week Zoom jury trial in Alameda County Superior Court.  The plaintiff claimed that she was sexually assaulted during a massage at the Claremont Club…

OSHA Citation Vacated Following Double Fatality in Texas

Robert Chadwick in FMG’s Dallas office recently prevailed on a contested OSHA citation after a three-day trial before the Occupational Safety & Health Review Commission (“OSHRC”). The OSHA citation resulted from a double fatality at…

FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19

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…