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.
Professionals
More Successes
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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…
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…
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…