Significant Cases
Dismissal of High-Value Fraud Claim in Kentucky Federal Court
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…
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.
More Successes
More Successes
Summary Judgment in Pennsylvania Legal Malpractice Dispute
Meaghan Mahon and Patrick Cosgrove prevailed on a motion for summary judgment in the Lycoming County Court of Common Pleas on a legal malpractice claim concerning an underlying divorce settlement. The matter pertained to our…
Summary Judgment in Ohio Sovereign Immunity Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and its police officer in a case arising from a traffic crash that occurred when the police officer was responding…
Complete Dismissal in Utah Data Breach Class Action
Justin Boron, Kevin Ringel and Danielle Ocampo successfully obtained a dismissal on all counts in a data breach class action lawsuit. Plaintiffs alleged they suffered injuries as a result of a data breach incident and…
Court Dismisses Wiretapping Claim Against California Medical Clinic
Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws by using…
Summary Judgment in Ohio Police Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and a city police officer in a case involving a Plaintiff that was bitten by a police K9. The bite…
Summary Judgment Applying Exclusion in Wisconsin Contract Dispute
Jonathan Schwartz and Joshua Zhao obtained summary judgment for our insurer client in a declaratory judgment action arising out of a shooting at a bar. Our client contended that due to an assault and battery…
Summary Judgment in Ohio First Amendment Retaliation Dispute
FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment for their police officer client in a case alleging retaliation in violation of the First Amendment of the Constitution. Plaintiff claimed that our client and…
Summary Judgment Finding No Duty in Kentucky Oil Rig Explosion
Barry M. Miller, Lucas R. Harrison and Sean C. Harrison prevailed on a motion for summary judgment in the United States District Court for the Western District of Kentucky on behalf of a nationwide insurance carrier.…
No Probable Cause Found in Florida Professional Liability Matter
Robert Klein and Chris Fraga represented a Florida attorney in responding to a complaint to the Florida Bar’s Attorney/Consumer Assistance Program, which included allegations that the client had improperly threatened a pro se Plaintiff in order…
Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida
FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse…
Summary Judgment Win Dismissing Defamation Claim in Florida
Alex Diaz prevailed on a motion for summary judgment in Broward County, Florida (Fort Lauderdale). A plaintiff engaged in ongoing divorce proceedings filed a lawsuit against his wife’s former divorce attorney claiming that she defamed…
Prelitigation Advice & Counsel Secures Beneficial Settlement for Client
Daniel Parker Jett and Kelly Haas successfully addressed a case involving a 57-year-old senior executive who threatened our client with a suit on grounds of age discrimination, harassment, and failure to accommodate a disability by…