Significant Cases
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…
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 from several entities after paying out a multi-million dollar claim as a result of a commercial parking garage collapse. The plaintiff claimed that FMG’s client knew of structural issues with the garage and fraudulently withheld the information from the prospective and eventual buyers of the garage. Significantly, the alleged fraud took place after the signing of the purchase agreement but before the buyers closed on the property. FMG’s attorneys successfully argued that the purchasers became contractually obligated to close on the property at the time of executing the purchase agreement, so no statements made or withheld after that time could have induced the purchasers to close on the property. The court ruled that the plaintiff could not prove causation against FMG’s client as a matter of law. Affiliated FM Insurance Company v. Ram Construction Services of Michigan, Inc. et al., United States District Court for the Eastern District of Kentucky, Civil Action No. 5:21-cv-00233-DCR.
Professionals
More Successes
More Successes
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…
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…
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,…
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…
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…
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…
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…