Significant Cases
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…
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 him an equity stake in the company if he would stay. Upon separating from employment nearly six years later, the employee demanded his equity stake, and the employer disavowed ever making the promise of equity. The matter proceeded to arbitration, which resulted in an $850,000 award in favor of the employee and against the employer, based on a finding of fraud.
The employer then sued Hiscox in federal court seeking indemnity for the award, arguing that its promises to grant equity were “employment-related misrepresentations” which should be covered under the employer’s insurance policy. FMG filed a motion to dismiss the employer’s complaint on the basis that the company never intended to grant equity in the first place and that it was a “laughable idea,” but willfully and intentionally engaged in fraud to induce the employee to stay with the company and forgo other competing offers. FMG also argued that public policy interests and California Insurance Code § 533 expressly prohibit an insurer from indemnifying the insured for its intentional and willful acts including fraud. The federal court ultimately agreed with FMG’s arguments and found that there “are no two ways about it”: Section 533 prohibited indemnification for fraud and granted the dismissal of the complaint with prejudice, without the need for oral argument.
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FMG Obtains Summary Judgment in Landlord Liability Case in Georgia
Attorneys Wayne Melnick and Sangeetha Krishnakumar won summary judgment for FMG clients in Fulton County, Georgia. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against a property owner alleging theories of premises liability/negligent security against FMG’s…
FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky
Lienholders sued officers of a defunct corporation, alleging breach of contract, negligent misrepresentation, and fraud. They sought more than $18 million for work and materials in the construction of a cannabis processing plant in Western…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts
FMG attorneys Jessica Kelly and Nancy Reimer obtained summary judgment for our client who served as a trustee of a marital trust. The surviving wife of the settler of the trust was unhappy with the…
FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma
FMG Attorneys David Cole and Matt Foree won a motion to dismiss in a class action lawsuit filed against Oklahoma City University involving a data breach that occurred in July 2022. The proposed class action…
FMG Obtains Summary Judgment in Georgia Wage and Hour Case
FMG attorneys John Bennett and Bill Buechner recently prevailed on a motion for summary judgment on behalf of a major construction company in connection with multi-plaintiff claims for alleged violations of the Fair Labor Standards…
Summary Judgment Win in Personal Injury Case in Georgia
FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…
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…
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…