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
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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…
FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement
Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…
FMG Client Prevails in Coverage Appeal in Georgia
FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…
Eleventh Circuit Victory in Insurance Coverage Case
FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…
Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia
FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…
Arizona Court of Appeals Dismisses Dangerous Conditions Claim
Attorneys Marc Shrake, Zach Moura, and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking…
Supreme Court to Review Fifth Circuit Decision
Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals…
Georgia Court of Appeals Opinion on Pre-Suit Notice
FMG prevailed in the Georgia Court of Appeals on behalf of its client, the City of Alpharetta. The case involved a claim related to stormwater entering onto a residential property. Attorneys Amy Cowan, Marissa Dunn,…
Dismissal of a Petition for Writ of Certiorari
FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…
Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals
On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. In the underlying cases, the plaintiff property owner sought a special…