Significant Cases
California Court Dismisses Case, Finds No Duty to Indemnify Willful Fraud
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…
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.
More Successes
More Successes
Summary Judgment Obtained 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 Win 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 Obtained 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…
Favorable Ruling Secured in California Class Action Settlement
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 Secured in Ohio Police K9 Dog Bite 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 Obtained 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 Win in Kentucky Insurance Coverage Dispute
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.…
Favorable Result Obtained 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…
Motion to Dismiss Secured in Plymouth Superior Court
Will Covino and Chris Fulmer successfully prevailed on a motion to dismiss in the Plymouth Superior Court to extricate an attorney from a contentious shareholder dispute. In obtaining this dismissal, the Superior Court agreed the…