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).
Professionals
More Successes
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Appellate Victory Obtained in Case Arising out of Top Rope Climbing Incident in Illinois
FMG attorneys Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor…
FMG attorneys Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked…
Ohio Appellate Victory in Slip and Fall Case
FMG attorneys Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and…
Florida Appellate Court Reverses Prior Order Incorrectly Denying FMG’s Motion to Dismiss
FMG attorneys Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
FMG attorneys Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
FMG Prevails in Appeal Regarding Municipal Ante Litem Notice in Georgia
FMG attorneys Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Edward P. O’Neil, III, et al. v. Estate of Charles E. Gaudet, et al., Middlesex Superior Court, C.A. No. 2281-CV-03571. FMG attorneys Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad…
FMG Assists Evansville, Indiana in Defeating a First Amendment Challenge to its Sign Code
FMG Attorneys Phil Savrin, Sean Harrison, and Bill Buechner successfully represented the City of Evansville, Indiana in an appeal from the dismissal of a First Amendment challenge to a sign ordinance case that was heard…
FMG attorneys Nicolas Bohorquez and Dana Maine successfully defended the City of Roswell and the Director of Planning and Zoning for the City in a lawsuit filed in the United States District Court, Northern District…