Trial Successes

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…

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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 & Spa.  She sued the massage therapist, his employer, the spa operator, and the spa owner.  Plaintiff dismissed the massage therapist shortly before trial.  Plaintiff asserted claims for sexual battery, negligence, and statutory civil rights violations that potentially gave rise to recovery of attorneys’ fees, penalties, and exemplary damages.  At the conclusion of the evidence, the court granted the spa owner’s motion for directed verdict as to all claims, and a motion for directed verdict on the statutory civil rights claims, leaving the sexual battery and negligence claims for the jury to decide.  After 4 hours of Zoom deliberations, the jury rendered a complete defense verdict.  The defendants beat their statutory settlement offer, entitling them to recover expert fees at the discretion of the court, in addition to statutory costs.

 

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More Successes

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…

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…