Trial Successes
David Molinari Receives Favorable Verdict in North County San Diego Superior Court
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance,…
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance, involving water irrigation pumps located on our Client’s property. The Plaintiff, a neighboring landowner, claimed the pumps caused extreme noise while in operation and caused a loss of use relating to areas of his home. The Plaintiff sought damages and an injunction against our client’s use of the pumps. Both sides retained audio sound engineers that measured decibel readings when the pumps were in operation and recorded the ambient noise at the plaintiff’s property line when the pumps were in operation. Only the defense expert’s sound recording went to the jury, Plaintiff voluntarily did not introduce his recordings into evidence and Plaintiff’s expert did not submit their recordings or rely on the recordings to render opinions on Plaintiff’s behalf. The jury was instructed on what level of annoyance constitutes a nuisance under a “reasonable person standard.” Focusing on that standard, Mr. Molinari argued to the jury that they may use their own senses of sight and sound to see the location of the pumps, see the distance between the pumps and Plaintiff’s property and hear for themselves what, if any noise, was produced by the pumps and make a determination on the claim. The jury concluded a reasonable person would not have been annoyed and returned a defense verdict. The defense verdict allowed for the recovery of litigation costs incurred by our Client. This case went through our standard FMG roundtable process, conducted by our Trial Committee, which further supported this trial win and assisted in keeping the defense fees minimal.
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FMG attorneys Jill Dunn and Robert Buckley, assisted by appellate attorney Michael Freed, prevailed at trial of a shareholder derivative action in the Cobb County Superior Court. A shareholder and former employee asserted claims in…
FMG Attorneys Obtain Dismissal of Legal Malpractice Action in Massachusetts
FMG Attorneys Nancy Reimer, Jessica Kelly, and Brendan Collins obtained dismissal of the plaintiff’s legal malpractice action as untimely. FMG’s client previously represented the plaintiff in an action brought by a condominium association seeking to…
Attorneys Marty Schexnayder and Brian Koeppen from FMG’s Houston office obtained a defense verdict for a prominent Texas law firm and two of their attorneys after a week-long jury trial in Harris County, Texas. The…
Defense Verdict in ADA Arbitration Case in Georgia
Attorneys Brad Adler and Michael Hill obtained a defense verdict for a Fortune 500 company client in an arbitration alleging failure to accommodate and retaliation under the Americans with Disabilities Act. The plaintiff, a former sales manager with the company,…
Attorneys Curt Graham, Austin Anderson, and Xon Hostetter obtained a favorable verdict in Kentucky’s Graves Circuit Court in March 2023. The plaintiff was attacked without warning by an old high school classmate at a local…
Attorneys Warren Hutchison and Kirsten Patzer obtained a defense verdict for a prominent life insurance company client after a week-long jury trial in front of the Suffolk Country Business Litigation Session. The client was sued…
Defense Verdict In Jury Trial in Georgia
FMG Attorneys Marc Bardack and Wes Jackson obtained a defense verdict for client homeowners sued by their downhill neighbors for allegedly creating and maintaining a continuing nuisance and trespass due to excess surface water runoff…
Defense Verdict In Jury Trial in Georgia Superior Court
FMG Attorneys Marc Bardack and Wes Jackson obtained a defense verdict for client homeowners sued by their downhill neighbors for allegedly creating and maintaining a continuing nuisance and trespass due to excess surface water runoff…
Chad Weaver and Elizabeth Lowery Obtain Favorable Result in FINRA Arbitration
FMG attorneys, Chad Weaver and Elizabeth Lowery, obtained a favorable result for a prominent life insurance company after a three week FINRA arbitration. The matter involved a FINRA claim filed by two registered representative claimants…
Lizel Cerezo Obtains Defense Verdict in the Superior Court of California for San Bernardino
Lizel Cerezo obtained a defense verdict in the Superior Court of California for San Bernardino for a commercial trucking client. The case involved a tractor-trailer vs. motor home rear-end collision on the I-15 Baker Grade. The…
Curt Graham and Austin Anderson Receive Favorable Verdict
Curt Graham and Austin Anderson tried a civil case before a 12-person jury in Laurel Circuit Court (Kentucky). The case arose from an automobile accident on I-75 in Laurel County. We defended Laurel County Sheriff…
Wayne Melnick and Andy Treese Obtained a Highly Favorable Early Resolution
Wayne Melnick and Andy Treese utilized Georgia’s offer of settlement statute, O.C.G.A. § 9-11-68, to reach a highly favorable early resolution of a case in which plaintiffs both alleged they suffered injuries after colliding with…