Appeals
Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school expulsion decision. The case involved a female student and male student who met after school and had sexual activity. The female student claimed that the encounter was not consensual and that the male student had put his hands around her neck. Based on reports from other administrators and counselors regarding their investigation, and upon viewing surveillance video, the principal concluded that the encounter was consensual. Ultimately, the principal recommended the female student for expulsion for a year, and a disciplinary tribunal agreed (the male student waived his rights to a tribunal).
The Eleventh Circuit upheld the lower court’s grant of summary judgment, holding that the school conducted a reasonable investigation and the plaintiff could not meet the constitutional requirement that the principal acted with deliberate indifference. The Eleventh Circuit also held that the plaintiff failed to show that she was subjected to pervasive harassment and upheld dismissal of the Title IX claim. A.P. v. Fayette County School District, 2023 WL 4174070 (11th Cir. June 26, 2023).
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A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…
FMG obtains Summary Judgement Victory from California Court of Appeals
Practice Fusion, Inc. v. Freedom Specialty Ins. Co., et al. California Court of Appeal, Case No. A167130; A167886 FMG Attorneys Al Alikin and Christian Nagy, along with attorneys for other carriers in the same D&O…
CARL RALPH DAILY v. PHIL SMITH AND LAW OFFICE OF PHIL SMITH. Sixth Appellate District of Texas at Texarkana FMG attorneys Bob Chadwick and Jack Doyle prevailed on appeal in the Sixth Appellate District of…
FMG Attorney Wins Appeal on Anti-SLAPP Motion in Fulton County State Court in Georgia
FMG attorney Nicolas Bohorquez prevailed on his appeal of a Fulton County State Court decision denying a motion to strike under Georgia’s Anti-SLAPP statute. A nightclub and its owner brought a suit against the Ansley…
FMG Prevails in California Court Extending Assumption of Risk Doctrine to Surfing Injuries
FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th…
Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia
FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator…
FMG Secures Victory in $6M Judgment Stay Vacated by Indiana Appeals Court
FMG Attorneys Patrick Eckler and Joshua Zhao prevailed in the Court of Appeals of Indiana on a plaintiff’s motion for review of an order vacating a $6 million default judgment against our client. FMG successfully…
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…
FMG Secures Ninth Circuit Victory in California: No Duty to Indemnify for Insured’s Fraud
FMG Attorneys Christian Nagy, Al Alikin, Will Hadikusumo, and Nick Directo secured a victory in the matter of Primary Color Systems, Inc. v. Hiscox Insurance Company, 2024 WL 489171 (9th Cir. Cal. 2024) aff’d 654…
FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia
FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…
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,…
Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client
FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle that occurred…