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 on Coverage Dispute for Insurer in Illinois Federal Court
FMG attorney, Jonathan L. Schwartz, prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge. As background,…
FMG Secures Dismissal of Complaint for Violation of the Fair Credit Reporting Act in Pennsylvania
Jacob Gates v The Grier Foundation and Geoffrey Grier, United States District Court for the Middle District of Pennsylvania, Civil Action No. 4:23-cv-01443. FMG attorneys Cindy O’Donnell and Morgan Randle prevailed on a motion to…
FMG Secures Summary Judgment on Fourth Amendment Unlawful Entry/Excessive Force Claims in Georgia
C.J., a minor, by and through her next friend and guardian Betty Jean Murphy James, et al., v. Michael Blaquiere and Downy Casey, United States District Court for the Southern District of Georgia, Civil Action…
FMG Secures Motion to Dismiss in Class Action RICO Case in Georgia
FMG attorneys Travis Knobbe, Luke Zavoli, and Matt Foree prevailed on a motion to dismiss in the United States District Court for the Northern District of Georgia before a federal judge on claims related to…
Summary Judgment for Professional Liability Claim in Orange County
FMG attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in the Ninth Judicial Circuit Court in Orange County, Florida on claims of legal malpractice and spoilation of evidence. The matter concerned…
FMG Secures Early Dismissal in Georgia Premises Liability Case
FMG attorneys Wayne Melnick and Sangeetha Krishnakumar secured an early dismissal of a security company in a Gwinnett County, Georgia case. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against the…
Motion To Dismiss Granted in Behavioral Health Care Provider Case in Pennsylvania
Justin Boron and Julia Bover of FMG represented a behavioral health care provider in a data breach class action. Plaintiffs alleged that they received healthcare services from the provider. As part of receiving services there,…
Wrongful Death Dismissed With Prejudice in Newark
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark…
FMG Secures Motion to Dismiss Underinsured Motorist Claim in Kentucky Court
FMG attorneys Barry Miller and Dave Cecil prevailed on a motion to dismiss in Kentucky state court on a claim for underinsured motorist benefits arising from an accident that occurred while the Plaintiff was operating…
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,…